Legal Guides & Resources

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.

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.

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.

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.

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.

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.

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.

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.

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.