Estate Litigation Lawyers Melbourne

Haven Legal Co offers estate litigation lawyers in Coburg, Preston & Melbourne, help you resolve your estate matters with care and expertise.

How an Estate Litigation lawyer can help you

After a person passes away – whether or not the person leaves a valid Will – there may be someone who was excluded from the Will or a named person who did not receive a fair distribution of the estate, to challenge the estate. If you have been left out of will unfairly, we can help advise if your circumstances have the basis to challenge the will.
Alternatively, if you have an estate that has a claim made against it you should have proper legal representation to properly defend the estate.

Our Estate Litigation Lawyers in Melbourne can handle a variety of disputes involving wills and probate and intestacy.

  • Validity of a Will
  • Challenge a Will or Testators Family Maintenance Claim
  • Dispute with Executor or Breach of Trust Claim
  • Superannuation or Insurance Claims
  • Challenging Probate
  • Defending Estates & Executors
  • Beneficiaries disputes about the division of assets

Who We Help

We represent clients with two estate litigation issues:

More often than not, our clients say “I want to appoint my brother Andrew and his wife Simone to be the guardian of our child”. Our reaction is always “are you sure you want to appoint his wife?”.

After the initial expression of horror on their faces, we then explain that if Andrew and Simone get divorced or one of them dies, you need to be content with the idea that Simone might get custody of your children. Do you really mean for Simone to be the guardian of your child if your brother dies?

It is a common drafting mistake made in many Wills that both people in a couple are nominated an guardians instead of just the blood relative or the one party that you really meant to be the guardian.

Many of our clients are often faced with 1 of 2 problems. Either:

  1. You are torn between your family and your in-laws; OR
  2. There is no clear option.

That is where we come in. We can talk you though the scenarios and assist you in understanding factors that should be considered when selecting your guardian.

Protect What Matters

Planning ahead ensures your assets go to the people and organisations you care about after you’re gone. A prepared plan provides peace of mind.

Book a Conference

Use our confidential tool that allows you to get started online, in your own time and space. It will ask you a series of questions, and provide valuable feedback. We will then be in touch with draft documents before we meet with you

OR

Book a Call

Meet with one of our Lawyers – ‘In Person’ or via ‘Zoom’ to discuss your Will/Power of Attorney needs

Understanding what Estate Litigation is

What is Estate Litigation According to Our Lawyers in Melbourne?

Estate litigation lawyers in Melbourne come into play when the beneficiaries argue about the division of the deceased’s property. Estate litigation is a legal proceeding that aims at resolving disputes over the assets of the deceased. Generally, this dispute occurs when the beneficiaries want to vary or void the will.

Fortunately, there is a way to avoid challenges from occurring, and that is by hiring a competent Wills & Estate Litigation lawyer. Our lawyers have many years of experience, making us highly reputable in these proceedings. We can assist you and your family and avoid issues whilst ensuring you understand the necessary actions. We can also assist you in properly planning your will to ensure your wishes will be honoured after your passing. Read more about Deceased Estates.

If you want to avoid estate litigation in Melbourne, it’s best to know lawyers who are dedicated experts in this field. This legal process can involve complex court procedures that are challenging without professional help. This may include, but is not limited to, preparing trust documents, a proper will, or other estate planning files. Moreover, estate litigation involves complicated legal concepts that are very technical. That’s why we strongly recommend getting an expert lawyer to help and guide you throughout the process.

At Haven Legal Co, we prioritise our clients above all else. We strive to prevent arising issues and resolve problems. For estate litigation, one of the things we can also provide is mediation. This way, both parties can settle and receive fair conditions without the need for court. However, we can also go to court if that is what is required to achieve your desired result.

To contest a will, you need to prove that you have grounds, such as lack of testamentary capacity, undue influence, or insufficient provision for dependents. Consulting a will dispute lawyer is the first step to evaluate your eligibility and build a case.
Will disputes can take anywhere from a few months to several years, depending on the complexity of the case and court availability. Mediation can sometimes shorten the process, but contested cases may require litigation, extending the timeframe.
The cost of contesting a will varies based on the complexity of the case, lawyer fees, and court costs. Some firms, like Haven Legal Co., offer fixed-fee pricing or flexible payment options to make the process more affordable.

Other Wills & Estate Legal Services We Offer

Competent Lawyers for Your Estate Litigation Case in Melbourne

About Haven Legal Co Estate Litigation Lawyers

Haven Legal Co lawyers have been serving Melbourne for over 30 years combined, making us one of the most reliable choices for estate litigation cases. Our team takes pride in our streamlined process, unlike other law firms that seem messy and make you feel unsure of who is even handling your matter. We offer unmatched services to achieve the desired result, from the initial contact to the last stages of representation.

Our wealth of experience and drive for delivering a fair outcome has enabled us to achieve significant success in the field of law. Thanks to our tight-knit firm, we have gained collective strength, which has helped prevent gaps while performing our legal duties. This means that our team jointly works on every case we take on to ensure we achieve a favourable outcome. As a result, we have been the experts people turn to when they have experienced poor handling from other firms.

The last thing on your mind when you are going through a family law separation is “hmm…maybe I should think

A common question that arises from Executors and Beneficiaries when someone dies in Australia is “when does the reading of

How many times a week do you forget a password, pin number or code? Have you already done it more

Start your Will and
Estate Planning online

Haven Legal Co’s online Estate Planning assistant is a confidential tool that allows you to get started online, in your own time and space. It will ask you a series of questions, and provide valuable feedback.