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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.

Specialist Estate Lawyers in Melbourne

Disputing an Estate in Melbourne is only possible under certain circumstances. Unless there are legitimate reasons, Victorian courts are unlikely to change a valid Will.

If you are considering lodging an Estate Dispute in Melbourne, refer to the following for additional information.

WORK WITH HENTYS –  MELBOURNE’S EXPERT ESTATE LAWYERS

At Hentys, we have a team of expert estate litigation lawyers on hand with over 40 years of experience in handling a wide range of Estate Disputes in Victoria. Drawing from our past successes, we can quickly determine if you’re entitled to make a claim at and let you know what the outcome is likely to be.

  • We will make sure the claim is viable
  • We will check the size and scope of the estate
  • We are dedicated to achieving the best outcome
  • We make the process worry-free
  • We’re based in Melbourne very accessible to local clients.

We understand that estate disputes can be complicated, but we endeavour to make the process as simple as possible for you. Your Estate Lawyer will guide you through every step and keep you informed about your options throughout the process.

ESTATE DISPUTES BASED ON THE VALIDITY OF THE WILL

In most cases, Estates are disputed by people who believe there is reason to doubt the validity of the Will, for example someone may challenge the Will if:

  • They have doubts about the Deceased’s mental capacity at the time they made the Will
  • They do not think the Will was signed and witnessed properly
  • They are unsure whether the deceased understood the effect of the Will
  • There are indications that parts of the Will have been changed after the deceased signed it
  • They do not believe that the Will intended to be relied upon is the last Will of the Deceased
  • The Will is unclear and/or cannot be understood.

[us_testimonial style=”4″ author=”Mia Craggs” company=””]My legal team were there to answer my calls or emails in a prompt and speedy manor if I ever had a concern or query. In the end I could not have hoped for a better result. The reassurance and security offered is alone enough to make me utilise Hentys if necessary in the future. [/us_testimonial]

THE PROCESS OF ESTATE DISPUTES

It is at the discretion of the Court to vary the provisions of a Will. As the Court considers the individual factual circumstances of the application, there is no formula to suggest any entitlement that a person is likely to receive from an Estate.

Furthermore, it’s important to bear in mind that proof of eligibility does not automatically guarantee that the Court will vary the provisions of a Will. The Court will compare the needs of the applicant with those of the other beneficiaries in order to determine whether the applicant has been left without adequate provision for their maintenance or support.

In making this assessment, the following will usually be considered:

  • The size of the Estate
  • The financial needs and health of the applicant
  • The nature of the relationship the applicant had with the Deceased
  • Whether the Deceased had a legal responsibility to provide for the applicant
  • Whether adequate provision has been made for the proper maintenance and support of the applicant

ESTATE DISPUTES: THINGS TO CONSIDER

Strict time limits apply for many Family Provision Applications, so if you have a concern in relation to an Estate or are considering an Estate Dispute, you should seek legal advice from us as soon as possible.

ESTATE DISPUTES: NO WIN, NO FEE

The team at Hentys Lawyers understand that high quality legal services can be an expensive and unexpected financial commitment, so we are prepared to act on a No Win, No Fee basis.  Successful claim costs will be paid out of the estate

ESTATE DISPUTES BASED ON ADEQUACY OF PROVISION TO FAMILY MEMBERS

Estate Disputes can also arise in the event that the Deceased did not make adequate provision in their Will for a particular person. Those eligible to make an application for this type of Estate Dispute may include:

  • Spouses of the deceased (including de facto spouses and dependent former spouses)
  • Children of the deceased (including stepchildren and adopted children);
  • Dependents who were wholly or substantially maintained or supported by the deceased (including grandchildren, parents of the deceased, members of the deceased’s household and the parent of the deceased’s surviving children who are under the age of 18).
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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