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! – Anthony Higgins

Defending a Will

Being the executor of a Will can be difficult as it involves taking on a number of administrative and legal duties in relation to the deceased and their estate. If the will is contested, these challenges increase significantly.

In many cases, the executor is a trusted friend or relative of the deceased with minimal legal knowledge and little previous experience in such circumstances, which can often be quite daunting. Your primary duty in defending the will 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.

In most cases, it will be in your best interest for this determination to be made by a legal professional, which is why we would advise you to give Hentys a call at our Melbourne based office today.

How Hentys Lawyers Can Help You

At Hentys Lawyers our experts specialise in defending a will, and can provide the advice and assistance you require at this difficult time.

We will sit with you to discuss a number of considerations such as 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, and whether there are minors involved to come up with a solution that is satisfactory to all parties.

The following is a non-exhaustive list of some of the specific things that the team at Hentys can do on your behalf:

  • Preparing Affidavits and other documents that satisfy the formal requirements of the Court
  • Checking whether or not the challenge to the will is made within the prescribed time limit
  • Checking whether the person who is challenging the will is legally eligible to make any claim upon the estate
  • Advising you about mediation conferences, as well as Court procedures, rules, timetables and hearings before and during Court proceedings
  • Advising you about the merits of settling or defending claims
  • Instructing you as to what evidence is required to successfully defend a will challenge case
  • Explaining how relevant Laws apply to your case and how we use them to settle or defend the claim being made against the estate.

We’ve helped many clients in your position, and are committed to acting in your best interest, as well as that of the deceased who has appointed you to take care of their will. We apply our depth of knowledge and experience in the sector to achieve the best possible outcome for you.

Getting in touch is simple. Fill out the form above and we will be in touch at your convenience, or call us on 1800 427 229.

Why Choose Hentys Lawyers to Defend Your Will

The Hentys Estate team has over 25 years of experience in resolving estate dispute cases. We can act on your behalf throughout the process of defending a will, always providing you with exceptional service and support.

We will listen to you and take the time to fully understand your case so that we can implement solutions that are proactive, preventative and cost effective. You can rely on us to represent you to the best of our ability throughout your case.

For more information, see our Defending a Will FAQs.


Our Simple 4 Step Process

1 Review Your Claim
The most important step is to determine if you have a reasonable claim

1 Assess Your Case
We estimate the size of your claim and for our legal costs, not including disbursements

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