Disputes Relating to Wills, Estates, Trust & Superannuation
Will & Estate Dispute Lawyers in Geelong
Grief and conflict don’t mix well.
Finding out that a loved one's estate isn't being handled fairly, or that you've been left out of a will you expected to be part of, can feel overwhelming, especially when you’re grieving.
Whyte, Just & Moore has been helping Geelong families resolve estate, will, trust, and superannuation disputes for generations.
Our disputes team is led by Aaron Jolly, an Accredited Specialist in Wills & Estates with the Law Institute of Victoria, a qualification held by only a small number of lawyers across the state.
How to Contest a Will In Victoria
Contesting a will in Victoria follows one of two paths:
• A family provision claim, where an eligible person applies to the Supreme Court for a share, or larger share, of the estate,
• or a validity challenge, where the will itself is disputed commonly on the grounds that the willmaker lacked capacity or was unduly influenced.
Both types of claims have strict time limits. The right starting point is a conversation with an estate dispute lawyer who can assess your situation and tell you honestly where you stand.
Family provision claims (Part IV claims)
Also known as testator’s family maintenance (TFM) claims. If you're seeking payment or assets from an estate, we'll help you understand your position and work towards a resolution.
Challenging the validity of a will
A will can be challenged for many reasons, including if the person making it lacked mental capacity at the time or was subjected to undue influence. We advise on the strength of your case and represent you through the process.
Executor disputes
If an executor is failing to act in the estate's best interests, refusing to distribute assets, or no longer able to continue, we can help. This includes applying to remove an executor or compel them to provide a full accounting of the estate.
Trust distribution disputes
Disputes over the distribution of family trusts are often complex and deeply personal. We provide clear, strategic advice on your rights and the options available to you.
Superannuation death benefit disputes
If you believe a superannuation death benefit was paid to the wrong person, or a trustee's decision was not properly made, we can advise you on your options and represent you in disputing that decision.
Court-appointed administration and litigation guardianship
Aaron Jolly has extensive experience acting as a court-appointed independent administrator of deceased estates, as well as a litigation guardian for parties in court proceedings who are under a disability.
Why Geelong Families Choose
Whyte, Just & Moore
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Accredited expertise
Led by Aaron Jolly, an Accredited Specialist in Wills & Estates, our team provides expert legal advice across all aspects of estate planning and administration.
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A focus on resolution, not just litigation
Going to court is sometimes necessary. But our first priority is to achieve your outcome efficiently and cost-effectively. We explore every avenue for resolution before recommending litigation.
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Serving Geelong since 1877
Geelong families have trusted our law firm for nearly 150 years. We’re always here for your family when they need it.
How long do I have to contest a will in Victoria?
In Victoria, you generally have six months from the date probate is granted to make a family provision claim. If you're considering challenging the validity of a will, you should seek advice as soon as possible, as delays can complicate your position.
Who can make a family provision claim in Victoria?
Eligible claimants include spouses and domestic partners, children (including adult children), former spouses in some circumstances, and certain dependants or people who had a close personal relationship with the deceased. Eligibility depends on your specific circumstances, so early advice is important.
What does it cost to dispute a will in Victoria?
Costs vary depending on the complexity of the dispute and how the matter resolves. Many estate disputes are settled through negotiation or mediation before reaching a hearing, which can significantly reduce the overall cost. We provide an honest assessment of your situation and likely costs at the outset.
Can I dispute a superannuation death benefit decision?
Yes. If you believe a superannuation trustee made the wrong decision about who should receive a death benefit, we can advise you on the strength of your position and guide you through the process.
What are the grounds for removing an executor in Victoria?
An executor can be removed by the court if they are failing to properly administer the estate, acting in their own interests rather than the estate's, refusing to distribute assets, or are no longer able to continue due to incapacity or conflict of interest. If you're concerned about an executor's conduct, we can advise you on your options.
Book an Appointment With an Estate Dispute Lawyer in Geelong
If you're dealing with a disputed will, a family provision claim, or a superannuation dispute, we're here to help. An initial conversation costs nothing, and it can make the next step feel a lot more manageable.