Will Dispute Lawyers in Melbourne
Losing a loved one is always difficult, and the grief can be intensified when disputes arise over the deceased’s will. These conflicts can cause family rifts and lead to lengthy, costly legal battles.
When facing a will dispute, it’s essential to have experienced will dispute lawyers to safeguard your rights and interests.
Cimino & Cimino has a team of proficient will dispute solicitors dedicated to assisting clients through the intricate and emotionally charged process of contesting a will. Our lawyers possess extensive knowledge of the legal framework surrounding wills and estates, providing guidance and representation to ensure your voice is heard and your claims are fairly considered.
How Our Will Dispute Solicitors Can Help
If you believe you have grounds to contest a will, our solicitors can help you understand your legal options and develop a strategy to achieve your goals. We can assist with matters such as:
- Advising on the merits of your claim and the likelihood of success
- Gathering evidence to support your case, such as medical records or witness statements
- Representing you in negotiations with the executor or other beneficiaries
- Applying for a family provision order if you have been inadequately provided for in the will
- Defending against challenges to the validity of the will if you are the executor or a beneficiary
- Representing you in court proceedings if necessary
Our lawyers understand that every case is unique, and we take a personalised approach to ensure that our advice and representation are tailored to your specific needs and circumstances.
Experienced Lawyers inWill Disputes.
Will disputes can be complex and emotionally fraught, requiring a delicate balance of legal skills and sensitivity. Cimino & Cimino has some of the best solicitors for contesting a will in Melbourne, with years of experience handling a wide range of will dispute matters.
Our team includes high-quality lawyers in wills and estates law. This means that you can trust our lawyers in Melbourne to provide the highest quality advice and representation, backed by a deep understanding of the legal and practical issues involved in contesting a will.
We have a proven track record of achieving successful outcomes for our clients, whether through negotiated settlements or court proceedings. Our solicitors are skilled advocates who can present your case persuasively and effectively while also providing the emotional support and guidance you need during this challenging time.
Best Solicitors for Contesting a Will
When choosing a lawyer, it’s important to find a team that combines legal skills with a client-focused approach. Cimino & Cimino takes pride in providing personalised, compassionate service to every client we represent.
Our lawyers in Melbourne take the time to listen to your story, understand your unique needs and concerns, and develop a tailored strategy to achieve your goals. We keep you informed and involved at every stage of the process, ensuring that you feel supported and empowered throughout.
Costs
We also understand that cost is a significant concern for many people considering contesting a will. That’s why we offer flexible fee arrangements, including no-win, no-fee options in selected cases, to ensure that everyone can access the legal representation they need.
Additionally and importantly, the legal costs of potential contestants of a will may be paid for by the estate itself, not necessarily by the contestant. These costs form part of the claim itself.
These costs form part of the claim itself.
Book an Appointment
Our commitment to excellence and client satisfaction has earned us a reputation as some of the best solicitors for contesting a will in Melbourne. When you choose Cimino & Cimino, you can feel confident that you have a team of skilled, experienced solicitors on your side, fighting to protect your rights and interests.
If you are considering contesting a will, it’s important to seek legal advice as soon as possible. Time limits apply to making a claim, and the sooner you act, the better your chances of success.
Cimino & Cimino offers a free initial consultation to discuss your case and provide initial guidance on your legal options. Contact us to discuss your matter further.
FAQs
What is a will dispute?
A will dispute is a legal challenge to the validity or terms of a deceased person’s will. It can occur when someone believes that the will is invalid, unfair, or does not accurately reflect the true wishes of the deceased.
Who can contest a will?
In Victoria, the following individuals are eligible to contest a will:
- The spouse or domestic partner of the deceased
- A child of the deceased (including adopted and step-children)
- A former spouse or domestic partner who was receiving or entitled to receive maintenance from the deceased
- A grandchild who was dependent on the deceased
- A member of the deceased’s household who was dependent on the deceased
- A person who had a registered caring relationship with the deceased
What are the grounds for contesting a will?
There are several grounds on which a will can be contested, including:
- The will was not properly executed or witnessed
- The testator lacked mental capacity at the time the will was made
- The testator was unduly influenced or coerced into making the will
- The will is fraudulent or forged
- The will does not adequately provide for eligible family members or dependents
How long do I have to contest a will?
In Victoria, you must file a claim within six months of the grant of probate. However, it’s important to seek legal advice as soon as possible, as there may be other time limits that apply to your specific case.
How much does it cost to contest a will?
The cost of contesting a will varies depending on the complexity of the case and the legal fees charged by your will dispute solicitors. Cimino & Cimino offers flexible fee arrangements, including no-win, no-fee options in selected cases, to ensure that everyone can access the legal representation they need.
Additionally and importantly, the legal costs of potential contestants of a will may be paid for by the estate itself, not necessarily by the contestant. These costs form part of the claim itself.
What happens if a will is successfully contested?
If a will is successfully contested, the court may:
- Declare the will invalid and distribute the estate according to the rules of intestacy
- Vary the terms of the will to provide for eligible family members or dependents
- Order that the estate pay the legal costs of the successful party
How can I avoid a will dispute?
To minimize the risk of a will dispute, it’s important to:
- Make a clear and legally valid will that reflects your true wishes
- Consider the needs and expectations of eligible family members and dependents
- Communicate your intentions to your loved ones and explain any unequal distributions
- Review and update your will regularly to ensure it remains current and relevant