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> Wills & Probate

Wills & Probate Lawyers in Western Victoria.

At Stringer Clark, we provide comprehensive assistance for your will and probate requirements. We firmly believe that having a will is essential for everyone, and that crafting your will in advance helps reduce tax obligations and the costs linked to estate administration. Moreover, we offer secure storage for your will and can make necessary updates as needed.

Our dedicated and experienced team at Stringer Clark is committed to the meticulous administration of deceased estates, guaranteeing that every client’s wishes are not only legally upheld but also translated into practical action. With our extensive knowledge of probate procedures, we navigate the complexities of estate management seamlessly, ensuring a smooth transition for your loved ones during an emotionally challenging time. You can trust us to handle the intricate details and legal formalities, allowing you and your family to focus on cherishing the memories of your loved one without the added burden of administrative tasks.

At Stringer Clark, we provide comprehensive assistance for your will and probate requirements. We firmly believe that having a will is essential for everyone, and that crafting your will in advance helps reduce tax obligations and the costs linked to estate administration. Moreover, we offer secure storage for your will and can make necessary updates as needed.

Our dedicated and experienced team at Stringer Clark is committed to the meticulous administration of deceased estates, guaranteeing that every client’s wishes are not only legally upheld but also translated into practical action. With our extensive knowledge of probate procedures, we navigate the complexities of estate management seamlessly, ensuring a smooth transition for your loved ones during an emotionally challenging time. You can trust us to handle the intricate details and legal formalities, allowing you and your family to focus on cherishing the memories of your loved one without the added burden of administrative tasks.

Wills & Probate – making or contesting a will

You may contest or dispute a will if you believe it to be false or invalid. A will may be invalid for a variety of reasons such as:

  • there is a later will;
  • the will was not properly executed;
  • the deceased lacked capacity when the will was signed; or
  • the deceased was pressured by a third party to sign the will.

All these circumstances may offer grounds for challenging the Court’s granting of Probate (in effect, a Court Order acknowledging the authenticity of a will and enabling the Executor to administer the Estate). Probate is sought by the Executor of the will following the death of the Deceased. You are entitled to challenge the issuing of Probate if any of the grounds listed above can be proved.

Contesting or fighting a will

Secondly, once Probate is granted, a will may be challenged if a person believes they have been treated unfairly or inadequately, or that they may have missed out entirely on part of the inheritance. A will may be successfully challenged if the person (“the Claimant”) can establish that the Deceased had a responsibility to make provision (or better provision) for them.

Should you wish to contest a will, you should be aware of what the Court will consider as relevant factors, the implications of challenging a will, and the process itself.

If a person dies without a will, their Estate is distributed according to a formula set out in the Administration and Probate Act. This formula may be inappropriate in some circumstances and can be challenged if the formula does not make proper provision for a person for whom the Deceased had a responsibility.

What the Court considers

  • Any family or other relationship between the deceased person and the applicant, including the nature of the relationship and, where relevant, the length of the relationship;
  • The obligations or responsibilities of the deceased person to the applicant and other possible beneficiaries of the estate;
  • The size and nature of the estate of the deceased;
  • Any financial resources (including earning capacity) and the financial needs of the applicant, of any other applicant, both now and into the future;
  • Possible physical, mental or intellectual disability of the applicant;
  • The age of the applicant;
  • Contributions that the applicant may have made in building up the estate; and
  • Whether the applicant was being maintained by the deceased person before that person’s death.

What should I do if I am considering contesting a will?

Contact us at an office near you. You should do this sooner rather than later. You will then understand thoroughly the chances of mounting a successful challenge, and be counselled on the possible consequences of a challenge.

Remember, many people consider themselves to be experts on wills and fighting wills. Most of them are wrong.

It doesn’t cost anything to give us a call and set you straight.

Call 1300 366 441 or
find us at an office near
you for more advice.

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Our Wills & Probate Team

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Call 1800 641 743 to be connected to your nearest office, find an office near you or email us using the form below and we will contact you on the same or next business day.

Wills & Probate