Left out of a will, or not properly provided for by someone you depended on? It's upsetting — and you may have a right to a fairer share. We'll tell you honestly whether you have a claim, and act quickly, because the time limit is short.
Yes — in many cases you can. If a will doesn't adequately provide for someone the deceased had a responsibility to look after, that person can ask the Court to step in. In Victoria this is called a family provision claim, and it lets an eligible person seek a share, or a larger share, of the estate.
A will reflects one person's wishes — but the law recognises that those wishes aren't always fair to the people left behind. If you've been unexpectedly cut out, given far less than you needed, or the will simply doesn't reflect the support you were promised or relied on, it's worth getting advice before you accept it.
People use these words interchangeably, but they're two different things — and we handle both:
You accept the will is valid, but argue it didn't make adequate provision for your proper maintenance and support. This is the most common type of claim.
You argue the will itself shouldn't stand — for example the person lacked the mental capacity to make it, was pressured or unduly influenced, didn't know or approve its contents, or it was forged or not signed correctly.
Not everyone can make a claim — Victoria limits it to people who had a genuine relationship of responsibility with the deceased. Eligible people can include:
Being eligible is only the first step — the Court then looks at your financial position, your relationship with the deceased, the size of the estate and the needs of other beneficiaries. We'll give you a straight answer on how strong your claim is.
We check you're eligible, whether you're within time, and how strong your claim is — before you commit to anything.
We put the executor on notice and build your case — your finances, your relationship and your needs.
Most Victorian estate disputes settle at a compulsory mediation. We negotiate hard for a fair result without the cost and stress of a trial.
If a fair settlement isn't offered, we're ready to run your case to a final hearing.
We don't only bring claims — we defend them too. If you're an executor or a beneficiary and someone is contesting the estate you're responsible for, we'll respond to the claim, protect the wishes of the person who made the will, and guide you through your duties so you don't end up personally exposed.
We're on High Street in Epping and act on estate disputes right across Victoria — you don't have to be local, and you don't have to come in. Much of this work is advice, correspondence and negotiation, so we offer online consultations by video or phone to get your claim moving quickly, wherever you are.
Possibly. If you were left out or not adequately provided for and you're an eligible person (such as a spouse, partner or child of the deceased), you may be able to make a family provision claim asking the Court for a share, or a larger share, of the estate.
For a family provision claim in Victoria, you generally have only 6 months from the date probate (or letters of administration) is granted. The limit is strict, so it's important to get advice as early as possible — ideally before the estate is distributed.
In Victoria, eligible people can include a spouse or domestic partner, a former spouse in some cases, children (including adult and, in some cases, stepchildren), a registered caring partner, and certain dependants such as household members or grandchildren who relied on the deceased. We can quickly confirm whether you qualify.
There are two different situations. A family provision claim argues the will didn't make adequate provision for your proper maintenance and support. Separately, you can challenge whether the will is valid at all — for example if the person lacked mental capacity, was unduly influenced or pressured, or the will was forged or not signed correctly.
Usually not to a full trial. Most will disputes in Victoria settle at a compulsory mediation before a final hearing. We prepare your claim thoroughly so you negotiate from a position of strength, and only run a hearing if a fair settlement can't be reached.
Your first consultation is a fixed fee with no obligation, and we give you a clear costs estimate up front. In some estate matters costs can be paid from the estate or dealt with at the end of the case — we'll explain how costs are likely to work in your specific situation.
You may still have options, but time is critical. Once an estate is fully distributed it can be much harder to claim, which is why the 6-month window after probate matters so much. Contact us straight away so we can act before assets are paid out.
Yes. If you're an executor or a beneficiary and someone is contesting the estate, we can defend the claim, respond to the family provision application and protect the wishes of the person who made the will.
The clock starts at probate. Talk to Waters & Co today — a straight answer on whether you have a claim, and no cost to ask.
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