Estate Disputes & Claims

Estate Disputes & Claims

Resolving Disputes with Respect and Clarity

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While a Will is intended to reflect the final wishes of a person who has passed away, it doesn’t always resolve matters as clearly or fairly as intended. Whether you believe you’ve been unfairly left out of a Will, or you’re an Executor facing a challenge, estate disputes can be legally complex and emotionally charged.

At Wakefield Lawyers, our Gippsland-based team has the experience and sensitivity to help you navigate these situations, whether through negotiation, mediation, or legal proceedings. We’re here to protect your interests and work toward a resolution that’s grounded in fairness and the law.

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Can You Challenge a Will?

Under Victorian law, certain individuals may be eligible to contest a Will if they believe they haven’t been adequately provided for. This is known as a Part IV claim under the Administration and Probate Act 1958 (Vic).

An eligible person may apply to the court for a greater share of the estate if they can demonstrate:

• They had a close personal or financial relationship with the deceased
• They were financially dependent on the deceased
• They were unfairly excluded or insufficiently provided for

We will help you understand your rights, assess the strength of your claim, and advise you on the most strategic path forward.

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Who Can Make a Claim?

Eligibility is limited to certain categories of people, which may include:

• Spouses or former spouses
• Domestic partners
• Children, stepchildren, or grandchildren
• Individuals who were dependent on the deceased

Our Estate Lawyers will review your circumstances and let you know if you qualify under the law, and whether a claim is likely to succeed.

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Key Things to Know About Estate Disputes

• Strict time limits apply — A Part IV application must be filed within six months of the Grant of Probate or Letters of Administration.
• Act quickly — These claims involve significant preparation, so early legal advice is essential.
• Executors can be challenged — If you're an executor or administrator facing a claim, we can help you understand your obligations, defend the application, and manage the process confidently.

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Preventing Disputes in Your Own Estate Plan

Concerned about future challenges to your own Will? Our estate lawyers can work with you to reduce the risk of disputes through considered estate planning strategies.

This might include:

• Divesting or transferring assets during your lifetime
• Structuring your estate in a way that limits the available asset pool
• Clearly documenting your intentions and reasons for your decisions

These strategies not only strengthen your Will but can also ease the burden on your loved ones and reduce the chance of conflict after your death.

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Work With Trusted Estate Lawyers

At Wakefield Lawyers, we offer practical, compassionate advice tailored to your unique circumstances. Whether you're challenging a Will, defending a claim as an executor or administrator, or looking to minimise risk in your own estate plan, our team is here to guide you with expertise and care.

Let us help you find a clear path forward. Contact Wakefield Lawyers today to discuss your estate dispute or planning needs.