Legal Resources & Guides

Practical information, answers and tools to help you understand your legal options before you engage a lawyer.

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Popular Legal Guides

Practical legal guides to help you understand your options, prepare for meetings with your lawyer, and move forward with confidence.

Will I Get Half in a Property Settlement?

Explore how courts assess financial contributions, future needs, and overall fairness instead of starting with an automatic 50/50 split assumption.

What Happens if Someone Dies Without a Will?

Understand the default state intestacy laws, how an administrator is appointed, and who stands to inherit when there is no valid estate plan.

Been Left Out of a Will?

Learn who is legally eligible to claim family provision, standard strict timelines, and what courts look for when evaluating an estate dispute.

What Does Probate Mean?

A simple breakdown of how the Supreme Court grants validation of a will, why it is necessary, and when you can administer an estate without it.

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Our legal team is currently preparing a complete visual framework for Commercial Leasing Structures and Business Succession planning.

FREE RESOURCES & TOOLS

Instant Legal Guides & Checklists

Empower yourself with practical legal frameworks. Download our free, professional-grade checklists and step-by-step guides compiled by specialist attorneys.

Property Settlement Guide

A definitive guide to dividing assets, resolving family home decisions, and optimizing financial settlements during separation.

Executor Checklist

A chronological tasklist detailing your legal duties and immediately required steps when executing a deceased estate.

Annual Estate Planning Review Checklist

Verify that your estate plan continues to cover key entities, power of attorney mandates, trust assets, and succession details.

Separation Prep Checklist

A crucial structural guide outlining the digital, legal, and financial safeguards you should establish prior to formal legal separation.

Contested Estate Roadmap

A detailed legal flowchart outlining key court application timeline milestones, evidence preparation, and final resolution.

Need Bespoke Legal Advice?

Checklists provide a baseline, but strategic advice secures your outcome. Schedule an initial planning assessment with us today.

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Frequently Asked Questions

Find answers to common legal questions and practical information to help you understand your options and what to expect next. Choose a practice area below to explore topics relevant to your situation.

How are assets divided in a family law dispute?

Family law property settlements are not determined by a simple formula or automatic 50/50 split. The Court considers the entire asset pool, including real estate, savings, investments, businesses, superannuation, vehicles and debts. It then assesses the financial and non-financial contributions made by each party throughout the relationship, as well as their future needs, such as income earning capacity, care of children, age and health. The overall aim is to achieve a division of property that is just and equitable in the circumstances.

What is the difference between a Divorce and Property Settlement Proceedings?

Divorce ends your marriage. A property settlement divides your finances.

These are separate legal processes. Obtaining a divorce does not deal with the division of property, superannuation, savings, debts or other assets. A property settlement formally resolves financial matters between separating spouses or de facto partners and can often be completed before a divorce is finalised.

Do I have to go to court to finalise my property settlement?

No. Most property settlements are resolved through negotiation, mediation, or lawyer-assisted discussions without a final court hearing. Once an agreement is reached, it can be formalised through Consent Orders or a Binding Financial Agreement to make it legally binding and enforceable.

What is the definition of probate?

Probate is a grant issued by the Supreme Court of Victoria confirming that a Will is valid and authorising the executor to administer the deceased person’s estate. This may include gathering assets, finalising liabilities, dealing with financial institutions, selling property where required, and ultimately distributing the estate to beneficiaries.

Not every estate requires Probate. Whether Probate is needed will depend on the nature and value of the assets involved and the requirements of the organisations holding those assets.

How long does the probate process typically take?

Probate timeframes vary depending on the complexity of the estate, how quickly the executor can provide the required information, and the current turnaround times of the Supreme Court of Victoria. Straightforward matters can sometimes be progressed within a month, while more complex estates may take several months or longer. We work proactively with executors to minimise delays and guide them through each step of the process.

What are the primary responsibilities of an executor?

An executor is responsible for administering the deceased’s estate. This may include locating the original Will, applying for Probate, identifying assets and liabilities, managing estate property, paying valid debts and expenses, communicating with beneficiaries, and distributing the estate according to the Will. The exact responsibilities will depend on the nature and complexity of the estate.

What are the valid legal grounds to contest a will?

Yes, but only on recognised legal grounds. A Will may be challenged if there are concerns about the deceased’s capacity, undue influence, fraud, duress, or whether the Will was properly executed. Simply disagreeing with the distribution of the estate is generally not enough to invalidate a Will, although eligible individuals may have rights to pursue a family provision claim in certain circumstances.

Who is allowed to challenge an estate?

Only certain people have the legal standing to challenge a Will. Depending on the circumstances, this may include beneficiaries under the current Will, beneficiaries under a previous Will, or people who would be entitled to inherit if there were no valid Will.

Different rules may apply for family provision claims and validity challenges, so obtaining legal advice early is important.

What are the strict deadlines for contesting a will?

If you believe a Will is invalid or you have been unfairly left out of an estate, it is important to seek legal advice immediately. Eligible family members and dependants generally have six months from the date Probate is granted to bring a family provision claim. Missing the applicable deadline can make recovering an inheritance substantially more difficult and, in some cases, prevent a claim altogether.

What should I do immediately if served with a lawsuit?

Receiving court documents should never be ignored. If you are served with a Writ, Statement of Claim, Originating Motion, or other court process, note exactly when and how service occurred. Victorian courts impose strict procedural deadlines, and failing to respond in time may result in default judgment being entered against you.

Preserve all potentially relevant evidence, including emails, text messages, contracts, financial records, and photographs, and obtain legal advice promptly.

What is the difference between litigation and mediation?

Litigation: A judge determines the outcome after considering the evidence and legal arguments presented by each party.

Mediation: An independent mediator helps the parties negotiate and explore practical settlement options without the court deciding the result.

How long does a typical civil litigation case last?

The duration of a civil dispute varies depending on its complexity, the amount of evidence involved, the number of parties, and court scheduling. Some matters resolve within a few months, while disputes that proceed to a final hearing can take 12 months or more. We work proactively to identify settlement opportunities and minimise unnecessary delays wherever possible.

Have a specific question not addressed above?

Legal parameters change depending on specific circumstances and local statues. Get personalized legal advice with an expert advocate.

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