Hero Background

Will Dispute Lawyers

Melbourne | FREE Assessment

Left Out of a Will? You Have 6 Months to Act.Get a FREE assessment of your eligibility to challenge before your deadline expires.

Deadline Warning

The 6-Month Deadline is Strict

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6 Months DEADLINE EXPIRES

From the date probate is granted: 6 months to lodge your claim.

After that? You need court permission—and it's rarely granted.

Most people don't even know probate has been granted until months later.

By the time they find out they were left out—they have weeks left to act.

Who Can Challenge

Why Can You Challenge?

You don't challenge just because you're unhappy. You must have grounds:
Inadequate Provision

Inadequate Provision

The will doesn't make adequate provision for your proper maintenance and support.

Examples:

  • You're a dependent child and received nothing
  • You cared for deceased for years and were excluded
  • You were financially dependent and given minimal amount

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Lack of Capacity

Lack of Capacity

The deceased didn't have mental capacity when making the will.

Evidence:

  • Medical records showing dementia or illness
  • Will made shortly before death when capacity diminished
  • Unusual changes from previous wills

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Undue Influence

Undue Influence

Someone pressured or manipulated the deceased into changing their will.

Red flags:

  • Will changed suddenly to benefit one person
  • Deceased isolated from other family members
  • Beneficiary had control over deceased

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What You Can Win

Outcomes in Will Disputes

Outcomes in Will Disputes

Most will disputes settle before trial (mediation is required).

Typical settlements:

  • Your relationship with deceased
  • Your financial needs and circumstances
  • Size of the estate
  • Other beneficiaries' needs
  • Deceased's wishes

Possible outcomes:

  • Lump sum payment from estate
  • Specific assets (house, shares, etc.)
  • Ongoing support payments
  • Increased percentage of estate

We can't guarantee an amount—but we assess your realistic range in your FREE consultation.

Who Can Challenge

Can You Challenge the Will?

You may be eligible if you're:

  • Spouse or de facto partner (current or former)
  • Child (including adult children and step-children in some circumstances)
  • Dependent (were being financially supported)
  • Grandchild (in limited circumstances if you were dependent)
  • Person in close relationship (cared for deceased, lived with them)
  • You were left out entirely, OR
  • You were given inadequate provision for your needs

If you checked these boxes: You may have a claim.

Process

How Will Challenges Work

Eligibility Assessment (FREE - Urgent)

We review:

  • Whether you have standing to challenge
  • Your relationship with deceased
  • Deadline status
  • Strength of your claim
Eligibility Assessment (FREE - Urgent)

Gather Evidence

We collect:

  • Financial records (your needs, estate value)
  • Relationship evidence
  • Medical records (if capacity challenge)
  • Previous wills (if they exist)
Gather Evidence

Lodge Claim

We file your family provision application before the 6-month deadline.

Lodge Claim

Mediation

Court requires mediation. Most cases settle here.

We negotiate for the best settlement we can achieve.

Mediation

Trial (if needed)

If mediation fails, we present your case at trial.

Timeline: 6-12 months from filing to resolution (usually mediation), 12-18 months if trial required.

Trial (if needed)

Will This Destroy Family Relationships?

The Hard Truth About Will Disputes

The Hard Truth About Will Disputes

Yes, challenging a will creates conflict.

If relationships are already strained—they'll get worse. But consider:

  • Were you financially dependent and left with nothing?
  • Did you sacrifice career/income to care for deceased
  • Are you genuinely in need while others received millions?

Sometimes standing up for your legal entitlements is necessary—even if it causes conflict. We aim to settle quickly and minimise damage, but we won't shy away from fighting if needed.

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Frequently Asked Questions

Don't Miss Your Deadline

If probate was granted:

  • 0-3 months ago:You have time, but don't delay. Book consultation now.
  • 3-5 months ago:Urgent. You have weeks left. Call today.
  • 5-6 months ago:CRITICAL. Call immediately.
  • Over 6 months ago: Call anyway. In rare cases, we can get extensions.

Same-day assessment available

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