Experienced Defending an Estate Lawyers in Melbourne & across regional Victoria
Focus on your deceased loved one’s wishes and maintain the estate’s best interests with Stratus Legal Group’s no upfront costs and fixed price services.
Defending an Estate
The role of the Executor or Administrator is to keep the Estate funds safe and distribute them according to the Will or the law. When the estate is challenged, you must defend the estate against such actions, so it’s critical to seek legal advice as soon as possible.
Remember that it is your responsibility to carry out the Will according to the Will maker’s wishes or to Administer the Estate in compliance with the law.
Who Can Contest An Estate?
An ‘eligible person’ can file a court petition to Contest an Estate, according to the law. The following are examples of people who are eligible:
Victoria:
- Husband/wife, spouse
- Children, stepchildren, adopted children, believed the deceased was a parent, grandchildren
- A person who at the time of the deceased’s death was a member of the household
Act Now – Early Action is Best
If someone wants to Contest an Estate, they must do so within a certain amount of time. It’s critical that you seek immediate legal advice and act quickly. Negotiations can begin as soon as possible, and mediation can aid in the resolution of conflicts. This will help you avoid a costly court battle.
Things to Consider
Here at Stratus Legal Group we understand that dealing with a deceased estate can be daunting and stressful, all the while you are still dealing with your grief. We aim to ensure you understand the next steps throughout the process and are always on hand to answer any question you may have.
Providing everything that comes to mind is really important from the very start. Learning extra details from clients down the track can have a vast impact on the outcome of your matter which it is important to be open and honest with us.
For Contesting Estates we offer ‘No Win, No Fee’ where you only pay our legal fees if your matter is successful. For Probate it is common that we offer payment at ‘End of Matter’ where payment is not due until the completion day.
Our team are available through a variety of alternative methods including video calls (such as via Zoom and Microsoft Teams), face-to-face throughout Metropolitan Melbourne and Regional Victoria, telephone and email. If you prefer sending letters through Australia Post, don’t worry we can do that too. Whatever your choice of communication, our team will always do their best to keep in touch as regularly as possible, including returning calls, emails and letters.
What Our Clients Say
Read what some of our past clients have to say. The ethics and reputation of each one of our lawyers, precedes them individually and us as a firm.