WILLS, ESTATE PLANNING & DECEASED ESTATES
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.
EXPERIENCED ESTATE DISPUTE LAWYERS
Nevett Ford has been providing expert legal guidance for over 150 years, offering tailored solutions to clients involved in estate disputes. Whether you are dealing with challenges to a Will, inheritance issues, or complex estate litigation, our experienced estate dispute lawyers in Melbourne are here to help. We offer professional support to ensure your rights are protected, and that any estate-related issues are resolved efficiently.
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Resolving Estate Disputes with Expert Legal Guidance
Estate disputes can be incredibly stressful, especially when emotions run high following the loss of a loved one. Whether you’re questioning the validity of a Will, have been excluded, or are concerned about the proper administration of an estate, Nevett Ford’s estate dispute lawyers offer expert legal guidance every step of the way. We work closely with you to understand the complexities of your case and help resolve the dispute.
How Our Estate Litigation Lawyers Can Help You
Our estate litigation lawyers specialise in resolving complex estate matters. We understand the challenges involved in estate disputes, and we’re here to provide the legal expertise needed to navigate the process. Whether you’re involved in contesting a Will, claiming your inheritance, or facing a dispute with executors, our team has the experience to represent you. We provide clear, practical advice, helping you understand your rights and options while working to achieve the best possible outcome for your case.
Professional Will Dispute Lawyers for Your Legal Needs
A Will dispute can be complicated and overwhelming. Whether the Will is contested on grounds of lack of testamentary capacity, undue influence, or fraud, having a trusted will dispute lawyer on your side is essential. At Nevett Ford, our experienced Will dispute lawyers help you navigate these legal challenges with professionalism and care. We thoroughly investigate the situation and provide tailored legal strategies to challenge or defend the validity of a Will, ensuring that your interests are protected throughout the process.
Trusted Will Dispute Lawyers in Melbourne
At Nevett Ford, our team of trusted will dispute lawyers in Melbourne have a long-standing reputation for handling Will disputes with efficiency and dedication. We understand how sensitive these issues can be, and we approach each case with empathy and professionalism. Whether you are an executor, a beneficiary, or someone contesting a Will, we offer expert advice and representation to help resolve your dispute effectively. Let us help you navigate the complexities of estate law and protect your interests.
Protecting Your Rights with Inheritance Dispute Lawyers
Inheritance disputes can arise when family members disagree about the distribution of assets or when a Will is challenged. Our inheritance dispute lawyers at Nevett Ford work to protect your rights, providing the legal expertise needed to resolve conflicts. Whether you’re seeking to claim an inheritance, contest a Will, or resolve issues with estate administration, our team is here to guide you through the process and ensure your interests are safeguarded.
Get Legal Advice for Complex Estate Disputes
Estate disputes often involve complex legal issues that require a detailed understanding of estate law. If you’re facing a dispute over a Will, inheritance, or estate administration, it’s crucial to seek legal advice early. At Nevett Ford, our estate dispute lawyers are well-versed in all aspects of estate litigation. We offer clear, straightforward advice to help you navigate the legal landscape and resolve disputes quickly and fairly. Contact us today to get the expert advice you need for your estate dispute matter.
Frequently Asked Questions
What do estate dispute lawyers do?
When should I hire an Estate litigation lawyers?
You should consider hiring estate litigation lawyers if you’re facing a dispute over the validity of a Will, inheritance rights, or the proper administration of an estate. If there is a conflict between family members, beneficiaries, or executors, estate litigation lawyers can help navigate these complex issues and represent your interests. It is important to seek legal advice as soon as possible to understand your rights, prevent delays, and ensure that your case is handled properly from the start.
How can a Wills and estates dispute lawyers help resolve conflicts?
Wills and estate dispute lawyers help resolve conflicts by offering expert legal advice and representation in matters involving contested Wills and estates. They assist clients in challenging a Will on grounds such as lack of testamentary capacity, undue influence, or fraud. They also help resolve conflicts between beneficiaries, executors, or family members regarding the distribution of the estate. These lawyers provide clear strategies to protect your interests, guide you through the legal process, and ensure that disputes are resolved in an efficient way.
Why should I choose Wills and estate dispute lawyers in Melbourne?
Choosing a Wills and estate dispute lawyers in Melbourne provides you with access to professionals who are experienced in local estate law and familiar with the specific legal landscape in Victoria. Melbourne-based Will dispute lawyers understand the nuances of Victorian laws and can offer expert advice tailored to your unique circumstances. With their local expertise, these lawyers help you navigate Will disputes, inheritance claims, and estate administration issues efficiently, ensuring your rights are upheld and the process is managed smoothly.
What is the process for a Wills and estate disputes?
The process for disputes typically begins with understanding the nature of the conflict, whether it’s related to the validity of a Will, a claim for further provision, or disagreements between family members or executors. A lawyers will assess the situation, provide legal advice on your rights, and help negotiate a resolution. If an agreement cannot be reached, the dispute may proceed to court, where estate litigation lawyers represent your interests in front of a judge.
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