Estate Disputes AND LITIGATION

Sometimes a person will not have made proper provision for a family member in the will. This might arise because the will fails to make that provision or because a family member believes that he/she is entitled to a larger share of the estate than that left to them in the will.

Where there is no will, legislation provides a statutory formula for how a deceased person’s estate is to be distributed. However, it is possible that this formula might not make proper provision for a person, taking into account all of the circumstances.

In either situation, the Victorian Supreme Court can make orders, which in effect alter the terms of a Will or vary the statutory formula so that a provision or better provision is made for a person.

These types of claims are known as “Part IV claims” or “testator’s family maintenance claims”.

Potential claimants may be a spouse, domestic partner or child of the deceased. The list of eligible claimants is more extensive and we can discuss this with you if you have a query.

We have extensive experience in this area and handle many such cases every year, whether acting for the person making the claim or for the estate in defending such claims.