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No Win No Fee

In all estate matters Hentys Lawyers are prepared to act on a No Win No Fee basis

NO RISK TO YOU

We assess your situation so you know the best approach to take.

No Court Battle

We’ve dealt with hundreds of disputes, and over 95% have been settled out of Court

NO RISK TO YOU

We assess your situation so you know the best approach to take.

No Surprises

We’ll keep you informed and involved at every step of your Will Dispute case

NO RISK TO YOU

We assess your situation so you know the best approach to take.

Defending a Will in Melbourne

The role of an executor of a Will can be a challenging one to fill as it involves taking on a number of administrative and legal duties. If the Will is contested or challenged, your primary duty as an executor is to defend it. In this situation executors will need expert legal advice to ensure they are acting in accordance with the law at all times.

Defending Against a Contest – Melbourne

If a Will is being contested, you would be defending the Will against a Family Provision Claim. In Melbourne, this claim comes under Part IV of the Administration and Probate Act 1958 (Vic).

Your primary duty in ‘defending’ is to uphold the terms of the Will – however, you must also assess the merits of such a challenge and determine whether it is in the interest of the beneficiaries to actually negotiate a settlement rather than defend the Estate in Court. It is of course in your best interest for this determination to be done by a legal professional, which is why we would advise you to give Hentys a call at our Melbourne based office today.

We will then sit with you and consider the financial size of the estate, the evidence available to defend or reject a claim, relationships between all parties, the financial needs of the claimant, whether there are minors involved and of course the legal costs incurred by defending and come up with a solution.

[us_testimonial style=”4″ author=”Anthony Higgins” company=””]This was an experience that I knew would be hell, however I am truly grateful to the team at Hentys Lawyers, for without this fight I would have received nothing! [/us_testimonial]

Defending Against a Challenge – Melbourne 

If a Will is being challenged, this means that the Will’s validity is being questioned. It is up to the executor to defend its validity by rejecting any claim that the Will was produced as a result of undue influence, duress, lack of testamentary capacity or fraud, or that the Will is illegitimate because it was not executed according to the rules in the Wills Act 1997 (Vic). The onus is on the defendant to argue the claims and provide evidence wholly supporting those contentions.

Irrespective of whether you come to us to defend a Melbourne Will contest or a Melbourne Will challenge, it is important to note that our end goal never changes: We aim to settle via either a negotiation, or at mediation (also known as alternative dispute resolution – ADR) and for you to never have to step foot inside a Melbourne court room.

Hence, we always aim to save you both time and money; and being centrally located in Melbourne, just up from Southern Cross Station, your free initial consultation just became even more convenient.

Our Simple 4 Step Process

1 Review Your Claim
One phone call is all it takes for us to confirm whether you have a reasonable claim or not

1 Assess Your Case
We estimate the size of your claim and present you with our ‘No Win No Fee’ plan

1 Commence Proceedings
We’re with you every step of the way, managing the entire process on your behalf

1 Settle Your Case
We apply our knowledge and expertise to reach the settlement you are entitled to

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We know that contesting a will is an emotional and complicated time. 
We will help you understand your rights, your options and what you can do.
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