Will Solicitors Bendigo Victoria

How our Solicitors can help you

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Do you have questions regarding wills, probate and estate matters?

Our Bendigo Will Solicitors specialise in wills, power of attorneys, probate applications and challenges to wills and contested probate. The administration of a deceased person’s estate can sometimes become complicated due to executors not knowing how to fulfil their obligations and duties. Additional difficulties may arise if probate of the will is contested. Wills can be challenged under certain circumstances.

If you are an executor or beneficiary of a will and a dispute has arisen you may wish to seek legal advice from one of our lawyers. Ideally, you should speak with a specialist wills dispute solicitor as they deal exclusively in the administration of estates and estate litigation. Time limits apply in disputed matters, so you should find out about your rights as soon as you can. Call the helpline for obligation-free advice from our legal team.

Contested Probate

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When a person dies, a grant of probate must be obtained from the Registrar of Probates, Supreme Court of Victoria. This is approval that the deceased’s will is infact valid and the last will in existence. Certain documents must be filed with the Probate Registry. If there is no dispute or challenge to probate, then the will is proven in “common” form. If there is no will, “letters of administration” must be obtained before the deceased’s estate may be distributed. If a legal dispute has arisen regarding probate or a grant of letters of administration and you need advice, get in touch by calling our helpline.

Executor's Duties

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The major duty of an executor is to collect the assets of the deceased and distribute the proceeds of such collection according to the directions contained in the will or the statutory order on intestacy. Funeral expenses and debts such as income tax must be ascertained before the executor distributes any inheritance to the beneficiaries. Problems may arise if there is no executor; an executor does not wish to act; an executor is dead; an executor is a minor. There may also be issues if an executor incorrectly distributes the will.

Our Bendigo Contested Probate Solicitors can provide advice on the rights and responsibilities of executors where a dispute has arisen. They also act on behalf of beneficiaries who wish to challenge the conduct of an executor where they have inappropriately distributed the assets of the estate.

Challenging a Will

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Another aspect of wills is that they can be challenged in Court under certain circumstances. If you wish to contest a will, you may be eligible for legal representation on a No Win No Fee basis. A will may be challenged if it was made under duress or if the testator was mentally incapacitated at the time. It can also be challenged if it was incorrectly executed or witnessed.

Insufficient Inheritance

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The deceased’s dependents (usually children or spouse) may also be able to challenge the will if they have been left an insufficient share of inheritance, or no inheritance at all. Our specialist Bendigo Will Dispute Solicitors have successfully handled many inheritance dispute cases. For further information on how we can help you, complete the online form or call the toll-free helpline.