Disputed, Contested Wills & TFM Claims

At Cyngler Kaye Levy Lawyers we have experienced Probate & Litigation lawyers who can assist and advise you if you are involved in a Will dispute.

What is a contested Will?

Contested estate claims and other estate disputes or challenges may arise between family members and other potential beneficiaries after a person dies.

You need to be aware of the following:-

• LEAVING YOUR ASSETS – A person can make a Will leaving his or her assets to whomsoever the Will-maker pleases.
• OMITTING A PERSON – The principles of testamentary freedom dictate that a person may legitimately chose to leave a spouse or children out of a Will.

However, there are provisions which limit these freedoms:-

• ADEQUATE PROVISION – The legislature, as a matter of social policy, regards it as right and proper that a person, in making a Will, should make adequate provision for the maintenance and support of those persons closest to or dependant on him or her.
• MORAL OBILIGATION reflects a duty resting on a Will-maker to make not merely adequate or sufficient financial provision for members of his or her family, but also the obligation to measure the adequacy or sufficiency by reference to what is right and proper according to accepted community standards (economic needs – s91 of the Administration and Probate Act 1958 (Vic)).

 Factors the court considers:-

• Size of the estate
• Age, Sex and health of the Applicant
• Other resources available to the Applicant
• Closeness of relationship
• Character and conduct of Applicant
• PART IV CLAIMS – Part IV of the Administration and Probate Act 1958 (Vic) allows a Court to make alterations to a person’s Will in certain circumstances. These types of claims are known as “Part IV claims”.

There may be relatives, de facto spouses and their children who are left without adequate financial provision and who can make a claim against the estate.

We have experienced probate litigators who can guide you through the complex process of fighting or defending a Will.

We act for Executors defending a contested Will and we act for potential Beneficiaries who wish to challenge a Will.

We have successfully litigated and defended estate dispute claims for more than 20 years. Please do not hesitate to speak with one of our experienced Probate lawyers on +613 9523 8811 or email an enquiry.