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Resolving Will Disputes in Melbourne: Seek Justice with Pentana Stanton Lawyers 

Whether you’re developing, building, or leasing, having an experienced legal partner is The passing of a loved one is a difficult time, often compounded by disputes over the distribution of their estate. It is not uncommon for family members or dependents to feel that they have been unfairly treated in the inheritance, while strangers may unexpectedly receive a substantial share. Pentana Stanton Lawyers based in Melbourne understand the emotional and legal complexities surrounding will disputes. Whether you are an executor seeking guidance to fulfill your duties or an individual questioning the validity or fairness of a will, our experienced team is here to provide the necessary support and expertise.. 

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Addressing Estate Disputes 

Our services encompass a wide range of estate administration and dispute matters. We assist clients with:

  • Family Provision Applications: If you believe you have not been adequately provided for in a will or if you are challenging the terms of a will as an executor or beneficiary, our lawyers are well-versed in handling family provision applications. We work diligently to ensure your interests are protected and that you receive the rightful provision you deserve.
  • Construction & Rectification Applications: In cases where the last will does not accurately reflect the deceased’s true intentions due to undue pressure or concerns about mental capacity, our team can guide you through the legal process. We assist in interpreting and rectifying wills to ensure fairness and justice prevail.
  • Applications for Removal of Executors/Administrators and Estate Accounting: If you believe that the executors are not acting properly or fairly in distributing the estate, we can help you file applications for the removal of executors/administrators and address any concerns regarding estate accounting.
  • Trust-Related Disputes: Our expertise extends to trust-related disputes, including interpretation and enforcement matters. We handle cases involving constructive/resulting trusts, undue influence/unconscionable conduct, restitution, unjust enrichment, and accounting.
  • Superannuation Claims: If you have concerns or disputes related to superannuation benefits, our knowledgeable lawyers can guide you through the complex process of making superannuation claims.

Contesting a Will 

Contemplating a will dispute can be challenging, but our experienced wills and estates lawyers specialize in handling such cases in Victoria, particularly in Melbourne. Whether you are considering challenging a will or defending a contested will, our team is here to provide the guidance and legal representation you need.

Grounds for Contesting a Will 

A will can be contested if it is found to be invalid due to:

  • Undue influence exerted over the testator (the person making the will).
  • Lack of knowledge or approval of the will’s contents by the testator.
  • Lack of mental capacity of the testator at the time of making the will.

Additionally, a will can be challenged if someone believes they should have been provided for or if they consider the provision inadequate.

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Success Story 

I had experience with many lawyers regarding my property matter and Penny LaGreca is one of the best, very knowledgeable, listen to every point and her way of presentation is very good, and she is very flexible, can do fix agreement cost.

Bikramjit Singh
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Who Can Challenge a Will in Victoria? 

To contest a will or apply to the court for a larger share of an estate, certain eligibility requirements must be met. Amendments to the Administration and Probate Act 1958 introduced eligibility criteria for family provision claims, specifying the classes of persons eligible to apply for provision. Those eligible to contest a will in Victoria include:

  • Spouse or domestic partner at the time of death.
  • Former spouse or former domestic partner who meets specific criteria.
  • Registered caring partner.
  • Children of the deceased (including adopted and stepchildren).
  • Assumed child who was treated by the deceased as a natural child.
  • Spouse or domestic partner of a deceased child, adopted child, stepchild, or assumed child if the child died within one year of the deceased’s death.
  • Grandchildren who were dependent on the deceased for maintenance and support.
  • Members of the household who were dependent or likely to become dependent on the deceased.

Understanding the Court Process 

Before granting a family provision order, the court must satisfy several requirements, including the applicant’s eligibility, dependency in certain cases, and the deceased’s moral duty to provide for proper maintenance and support. The court considers factors such as the contents of the will, the deceased’s intentions, the estate’s size and nature, disabilities, and the competing needs of other beneficiaries.

Seek Guidance from Pentana Stanton Lawyers 

Resolving a will dispute requires a comprehensive understanding of the legal intricacies involved. At Pentana Stanton Lawyers, our experienced team of will dispute lawyers in Melbourne is dedicated to helping clients navigate these challenging situations. We offer tailored advice, skilled representation, and a commitment to achieving a fair resolution. Contact our experienced team today with any queries or to seek guidance on your specific circumstances.

The article is for informational purposes only and does not constitute legal advice. It is recommended to consult with a qualified lawyer regarding specific legal matters.

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Melbourne Property and Building Disputes 

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Alternative Dispute Resolution 

With the right team, most commercial disputes can be settled outside of court in a swift, cost-effective manner. 

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Litigation 

If the other side refuses to compromise, we’ll defend your rights both in court and in front of bodies like VCAT.  

Your Property Law Team 

Jesse LaGreca
Partner | Principal Solicitor 

Jesse is a highly experienced commercial solicitor admitted at both the Supreme Court of Victoria and the High Court of Australia. 

He excels at partnering with growing organisations to help drive sustainable growth. 

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Practical Guides to Property Law 

When you’re preparing for your consultation with one of our team, reading up on the basics of property law can be helpful. 

Get started with our library of easy-to-read articles and guides. 

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