Your Leading Estate Lawyer
| Melbourne Law Studio

The transferring of assets after you or a family member passes is an incredibly important thing to get right. A variety of issues can arise when this process has not been stipulated clearly and carefully. 

Enlisting the services of a knowledgeable estate lawyer is critical to ensuring the wishes of the deceased are honoured.

Whether you are seeking guidance on Will and estate planning, or looking to dispute a Will or inheritance, our friendly and knowledgeable estate lawyers in Melbourne can help you.

We can assist in a variety of different areas relating to Will and estate matters, including:

  • Inheritance Disputes
  • Challenging a Will
  • Early Mediation and Resolution
  • Litigation
  • Planning Wills and Estates



To see how our estate lawyers in Melbourne can assist you, contact us and book a completely free, zero-obligation initial consultation today.

Estate Planning

Estate planning is the process of creating a long term strategy that outlines the distribution of assets after an individual has passed. It also outlines who has power of attorney and ensures your wishes are carried out after your passing.

 

Taking the time to develop a long term strategy for your assets when you pass is crucial to ensuring that your family are not left in a stressful and complicated situation when you are gone.

 

Our lawyers can help you draft an estate plan that specifically outlines the distribution of your assets, and provides a clear outline of who your future beneficiaries are, and who will make decisions in the future. 

We can assist you in the creation of the plan right through to executing your Will and Testament. 

Ensure the next generation of your family is in the best financial position possible after your passing, book an initial consultation with our estate lawyers in Melbourne to see how we can assist you.

Wills and Estates

While you can certainly create a Will and manage the administration of your estate yourself, it is highly recommended that you enlist the services of a qualified lawyer.

If you create a Will that is not done properly, or has not been checked over by a solicitor, there is a high chance that the Will will be invalid. This will create immeasurable complications in the future for your loved ones. 

The following are some of the things you can include in your Will:

  • How you want your assets distributed to your beneficiaries
  • If you would like any trusts to be set up
  • If you have children, who you would like to look after them
  • If you’d like to distribute your wealth to any charities
  • Funeral plans
  • Power of attorney
It is important to note that Wills need to be updated regularly as you obtain or lose assets.

At Melbourne Law Studio, we’ve got your legal concerns covered. Book your free 15-minute consultation today to see how we can help.

Inheritance Disputes

Complications can arise when a child of the deceased believes that the inheritance they received as specified by the Will is not fair, or the Will itself is not valid. 

If you’re looking to dispute inheritance you’ve received or are simply looking to minimise complications from your Will, contact us and book a completely free, zero obligation initial consultation with our qualified estate lawyers in Melbourne, and we’ll see how we can assist you.

Challenging a Will

Whenever a loved one passes it can be an extremely challenging time for those around them, and even more so if you or a family member feels like they have not been adequately provided for in the Will. 

Your Will may be challenged if: 

  • It is found that you did not have the mental capacity to make a will after you have signed it.
  • You created the Will under specific guidance from others
  • If there is an individual who you had the responsibility to provide for and they feel like you have not left them a fair share of your assets.

 

Any individual who can present evidence that the deceased had a moral duty to care and provide for them is entitled to challenge the Will by initiating a Supreme Court process that is referred to as “testator’s family maintenance”.

The person who makes this claim has to be closely related to the deceased, although that does not mean they have to be a blood relative. 

Some examples of people who can challenge a Will are: 

  • A husband or wife
  • A parent 
  • A child 
  • A step-parent or step-child
  • A person who was treated as a child by the deceased
  • A registered carer or grandchild – if they can provide proof that they were dependent on the Will-maker

Once this process has been initiated, the Court will assess a variety of factors to determine if the individual challenging the Will has been adequately provided for.

This can be an incredibly confusing ordeal to undergo, as such, our Melbourne estate lawyers can guide you through this process and help you see if you are eligible to challenge a Will, or if the Will you have created could be challenged by your relatives.

Book a free consultation with us today and we will advise you on your next steps.

Other Estate Law Services

Early mediation and resolution

Want to resolve your estate dispute without going to court? We can help. Our estate lawyers in Melbourne are experienced in finding an amicable solution for both parties. Resolving an estate matter early, as opposed to going to court, will save you huge amounts of money and stress. Get in contact with us to see how we can help you.

Litigation

In the context of a deceased individual’s assets, estate litigation is the process of managing their estate and ensuring their wishes are carried out. In most cases, estate litigation involves Will challenges and provision claims that are made by the family. In some cases, it can extend to applications for compensation that are paid in the event that a situation has occurred that affects the value of the estate. As the general population ages, it is quite common for us to deal with superannuation disputes as well. 


Whatever your estate litigation is, you can rest assured that Melbourne Law Studio’s friendly estate lawyers can help you. Get in contact with us today so we can get started.

Your Estate Law FAQ's

Finding an estate lawyer who genuinely cares and is empathetic to your situation is no easy feat. That is why it is important to meet or at least talk to a lawyer before you move ahead in the litigation process. 

That’s why we offer a completely free, zero-obligation consultation so you can meet one of our qualified estate lawyers in Melbourne and see if we’re the right law firm for you.

If you feel like you have not been adequately provided for in a loved one’s Will, certain circumstances have been outlined above that would allow you to dispute the Will.

However, as this is a considerably complex area of law, we recommend you get in contact with us before you begin the process of challenging a Will.

At Melbourne Law Studio, we’ve got your legal concerns covered. Book your free 15-minute consultation today to see how we can help.

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