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WILLS, TESTAMENT & ESTATE 

Estate Dispute Lawyer

The death of a family member or loved one is difficult enough to bear without the extra burden of uncertainty around the deceased’s Will or how an estate is to be distributed.

Think you may have wrongfully been left out of a will?

Nevett Ford is here to help when matters surrounding Wills and estates go wrong.

There are various ways in which they can go wrong. For example:

  • Is the Will valid in the first place?
  • What if someone has not been included in the Will?
  • What if the people given the task to distribute an estate are not acting properly or in accordance with the law?
  • What happens if there is no Will?
  • Who is responsible for legal costs?

A Will is a statement by a person as to how they want to leave their property after death.

The validity of a Will can be challenged on a number of grounds including:

  • lack of testamentary capacity,
  • undue influence, or
  • fraud.

Lack of testamentary capacity means that at the time the person made and signed his Will he did not have “sound mind, memory and understanding”.

Undue influence means that the Will is the product of the influence of a third party, which the law sees as affecting voluntary and free expression of how a person wants to leave their property under their Will.

Fraud means that the Will was produced and/or executed without the person’s knowledge or consent and does not have their signature on it or that their signature was procured in circumstances where they could not have known the contents of Will.

In each of these examples, it is for the person who seeks to challenge the validity of the Will to prove the matters that would render the Will invalid and therefore ineffective.

If a will is found to be invalid, an earlier valid Will (if there is one) maybe given effect or the property of the deceased will be distributed according to a formula set out in the Administration and Probate Act.

If any of these situations arise, it is important for people to act quickly to obtain advice and prevent a Will being implemented.

How Nevett Ford Can Help You

Did you know you only have six months after the grant of probate to contest a will or ask for provision out of a deceased estate?

This is where an estate lawyer can assist you.  If you believe that you may be entitled to make a claim, you need to act quickly – applications must be made within six months of probate or letters of administration being granted. It is best to seek expert legal advice as soon as possible, to know your rights and avoid missing the time limit.

You will need to establish that the deceased person had a moral obligation to provide for you and that you are able to demonstrate financial need.  Categories of people who can apply for further or proper provision out of the estate include; people at the time of the deceased’s death who were a spouse or domestic partner of the deceased, children of the deceased including adopted or step children, grandchildren of the deceased, members of the deceased’s household, a registered caregiver of the deceased, people who believed the deceased was their parent and were treated as a child of the deceased by the deceased.

The team at Nevett Ford acts on behalf of both claimants who have not been adequately provided for as well as estate executors and administrators in defending provision claims. If you would like us to contact you to discuss your possible entitlement, please complete the below information and one of our team members will contact you.

Who You’ll Work With

Richard Hamilton
Director
Stuart Wilson
Director
Peter Lumb
Associate Director
Andrew Lumb
Special Counsel
Greg Doran
Associate Director
Steph Chafer
Lawyer

Our Knowledge and Experience

At Nevett Ford we have over 150 years’ experience in making wills and dealing with disputes relating to them.  With our knowledge and experience we are able to pinpoint issues and provide advice in clear and easy to understand language.

Contact us now for a half hour consultation in which we will provide advice and a strategy for action. 

Topics We’ve Written About

 

Understanding the Essentials: What is an executor?

Understanding the Essentials: What is an executor?

In the administration of a deceased estate, the term ‘executor’ hold significant importance. An executor is a crucial role and is the person authorised and appointed in a Will to administer an estate in accordance with the terms contained in the Will.  Often they will...

read more
Understanding the Essentials: What makes a valid Will?

Understanding the Essentials: What makes a valid Will?

In Victoria the elements of a valid Will are set out in the Wills Act 1997.  To ensure that your wishes are honoured after your death, it is crucial that your Will be valid because if it isn’t, your loved ones may incur additionally stress and costs in administering...

read more
Understanding the Essentials: How to revoke your Will

Understanding the Essentials: How to revoke your Will

Life is not always smooth sailing and occasionally it throws us a curveball, and suddenly your Will which you put so much time and thought into no longer aligns with your wishes.  Maybe you have had a change of heart, a falling out with a family member or assets have...

read more
Paws for thought – Including your pets in your Will

Paws for thought – Including your pets in your Will

Recently there was an article about a woman in China leaving $4.3 million to her cats and dogs rather than her children because she claimed her children rarely visited her when she was unwell.  This article prompted us to think about how with our animal companions...

read more
Is 2024 the year you make a Will?

Is 2024 the year you make a Will?

We are now already over 2 weeks into 2024 and as we all return to work and our holidays become a faint memory, you may have started thinking about your goals for this year. Did you make any resolutions for 2024?  Maybe a family holiday, a new home or maybe a new job? ...

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Testimonials

Professionalism, Quality, Responsiveness, Value

“Friendly, professional service. Subject matter promptly dealt with. Will recommend them.”

Professionalism, Quality, Responsiveness, Value

“Ryan Curtis-Griffiths and Jacqui Azouz provided excellent legal work.  I am a lawyer in the United States so I expect a lot.  And I got it from Ryan and Jacqui.  They are knowledgeable, efficient and very easy to work with. I will use them whenever I have an opportunity. “

Professionalism, Responsiveness, Value

“I cannot find any words to describe the professionalism of thos firm. Everyone from the reception to financial services and not to say Mae who helped out was absolutely amazing. I had Richard Hamilton who was definitely someone I will always have to represent me if I need any further help. Keep up the fantastic work ?  “

Reliable Lawyer and Good Expertise

“Richard Hamilton is a very genuine lawyer with very good expertise, good values and ethics of responsibility. He is not one of the lawyers in the market who would deceive you with false hopes. I found him very reliable which is something you need when you are going through a difficult family court case. Richard is also very good in returning to calls and emails. I definitely recommend him.”

Excellent services and advice

“Ryan has been my migration lawyer of a number of years now and has been successful in obtaining PR and Australian Citizenship for me. His advice is clear, straight forward and tailored to an individual’s needs. He puts in the effort and time and always cares for his clients. Overall, I received a first-class service from him, and I highly recommend him to anyone looking for migration advice.”

The best immigration service provider in Mel

“In all respect to achieve your PR and the pathway for citizenship was done very professionally ! Special thanks to Rayan ( MD) who helped me in all the way throughout to achieve goal.”

Best choice

“Ryan Curtis-Griffiths knowledge of immigration law, a skills in preparing all documents, excellent communication skills, rapid response to my inquiries, thoughtful and good listener.”

Professional Service with Attention to Detail

“We engaged Nevett Ford Lawyers to prepare our 186 Business Nomination and Visa Application. Ryan provided outstanding service by assisting us with all his experience in the industry. It was the best decision to work with Ryan as he always listened to our instructions and assisted with timely advise. I would definitely recommend Ryan and his team to anyone looking for a Immigration lawyer.”

Professional Service and Prompt Response

“Ryan and his team made sure the process of 186 Business Nomination and Visa application were as seamless as possible. We always received prompt response and correct advise regarding the matter. I would happily recommend Ryan and Nevett Ford to anyone who wants assistance with 186 visas.”

Best Lawyers in the business

“Looked after me. Always made sure I knew what was going on and why, but also made sure my mental health was top priority.”

Very professional team

“Great professional team, best communicating with the customer.”

Legal expertise, Client focused service, Courtesy

“Nevett Ford Lawyers, including paralegals and administrative staff, displayed professional and reliable services. All staff with whom I interacted responded promptly to my queries and requests. Their polite and friendly manner was appreciated and reassuring.”

Professional, Efficient & Supportive

“A Positive outcome of Permanent Residency from a Ministerial Intervention is what we achieved through Nevett Ford Lawyers. David Stratton and his Team have been highly efficient and professional along the entire journey through the Administrative Appeals Tribunal (AAT) and Ministerial Intervention. The Team managed our file with great care and patience while supporting us through the entire process during the past four years. We would highly recommend Nevett Ford Lawyers for their Professionalism and Task Accomplishments.”

Ryan and Shalini worked extremely hard for us

“Ryan and Shalini’s communication skills were what really stood out to us. They replied to emails most of the time within minutes and did a good job on helping us stay realistic about expectations as our case was extremely difficult and had a high chance of failure, they did a brilliant job of getting the visa through for my partner.”

Service provided was professional & prompt

“Great communication, friendly interaction with all staff (including reception), prompt and did what they said they would do.”

Navigating a tricky workplace case

“Generous with their time. Fair and pragmatic advice from which I was able to make an informed decision.”

Mlam Camou (MlCam)
Mlam Camou (MlCam)
2023-08-31
I will recommend definitely this services to anyone who wants a clear and positive outcome for his immigration case. Professionalism and experience are also 2 very important points to consider when you decide Nevett ford to represent you. I am satisfy with their work to be honest.Thank you Nevett Ford Lawyers for your excellent work.
Lisa-Marie Hinton
Lisa-Marie Hinton
2023-08-31
My visa application was the most challenging time of my life. It was so much pressure, lots of tears and emotions. Ryan and the wonderful Team guided our family and secured my husband and children Citizenship and my PR. I think Ryan has a beautiful heart and is very kind. He listened to me when I was at my wits-end and could only cry on the phone. I would choose Ryan again. It has been a difficult journey but he never gave up on helping my family in the fight of staying together. Forever grateful. The Hintons xxx
Vivien Karabinas
Vivien Karabinas
2023-08-31
The expertise and service received by lawyer Sophie Stickland was efficient, caring and reasonably priced. I would highly recommend her. Thank you.
Jervin Paul Dhas
Jervin Paul Dhas
2023-08-30
Had the pleasure of working with Lili for my PR application and I had a very good experience. She was very responsive and guided me and provided updates in every step and the entire process was smooth and quick. Highly recommend their services and one of the best. Thanks again Team
Tom Simpson
Tom Simpson
2023-08-29
During the period between 2020 - 2023 i was applying for a permanent partner visa and hired Ryan to assist me.I had spoke to 7 other immigration lawyers prior to Ryan, and the general feedback i would get back was negative (installing doubt into my mind about the likelihood of obtaining a visa in my circumstance). Ryan was the only lawyer who had a positive attitude and was optimistic about my situation and gave me a lot of free advice about what i could do even before i hired him, this was a major green flag to me so i made the decision to hire him.I couldn't of asked for a better lawyer, i would highly recommended his services to anyone. Good communication, fast responses, never hesitant to answer any queries, pleasant to speak to and most importantly a good lawyer that gets the job done.I recently obtained my PR after a 3 year process and I cannot thank Ryan (and the team) enough for their service.
Hieronim Wiatrowski
Hieronim Wiatrowski
2023-08-23
Lili Sibic was ery professional and helpful. Highly recommended ????
Jessica Liu
Jessica Liu
2023-08-21
Awesome and extremely professional and patient. Highly recommended!!!
Antonia
Antonia
2023-08-17
Experienced, organised and friendly, Ryan is always helpful and reassuring during the entire visa application process. The entire duration has made him more than just a lawyer but a friend.
Hiro Kamisugi
Hiro Kamisugi
2023-08-16
Nathan and Jean as team helped me for my first home purchase. Even though I knew nothing of this matter, they made my whole journey nice and comfortable. Everyone around myself tells me that purchasing home is a very stressful journey, but I was totally fine with their help. Don’t think I can ever ask anyone else for my next home in the future!

    Contact us

    *If you are overseas, please call our office on +61 3 9614 7111.


    Nevett Ford Melbourne Pty Ltd

    ABN: 80 144 697 790

    Level 16, South Tower, Rialto Building, 525 Collins Street
    Melbourne, VIC 3000