Left out, or left short?
You may have a claim.
If someone who had a responsibility to provide for you did not leave you enough, you may be able to make a family provision claim. Claims must usually be made within six months of probate.
Is this you?
When people come to us about contesting a will.
Each of these is a good reason to call, and none of them is too early.
- You were left out of your parent’s will.
- Your share is far less than you need, and less than you were promised.
- You were financially dependent on the person who died.
- Probate was granted a few months ago and time is running out.
How we help
The question is not whether the will is fair. It is whether you were adequately provided for.
Under Part IV of the Administration and Probate Act, eligible people, including partners, children and some others who were dependent on the deceased, can ask the court for further provision from the estate. The court considers the relationship, your needs and the size of the estate. Adult children usually need to show financial need.
Most family provision claims settle at mediation. We tell you whether you have a claim, what it is likely to be worth, and what it may cost, before you start.
What we do
- Advice on eligibility and the strength of the claim
- Family provision claims within the time limit
- Evidence of need, relationship and contributions
- Mediation, where most claims settle
- Supreme and County Court proceedings
- Settlement terms and their tax effect
What happens first
Your first week with us.
A matter should feel different from the first call. This is what you can expect before anything is signed or sent.
The first call: where things stand
What has happened, which documents exist, and any time limit that is already running.
In writing: an assessment and an estimate
Whether there is a real basis to act, what the steps are, and what each stage will cost, before any work is done.
The first steps: your position protected
Time limits diarised and the documents and records requested, so nothing is lost while a resolution is worked out.
From then on: one lawyer, who answers
One lawyer runs the matter from start to finish, and keeps you told.
Your team
Who you will deal with.
Matters are run by the people below, not handed down.
Questions
Frequently asked questions
If your question is not here, it is a good reason for the free call.
How long do I have to contest a will?
Usually six months from the grant of probate or letters of administration. Late claims need the court’s permission, which is not guaranteed.
Do most claims go to court?
No. Most family provision claims settle at mediation, well before a trial.
What does it cost?
Wills and powers of attorney made online have a fixed price, shown before you pay. Probate, estate administration and estate disputes are quoted in writing before the work starts, and you are told early if anything changes.
More in estate disputes
View all wills and estates- Challenging the validity of a willChallenges where the will-maker lacked capacity, was pressured, or the will was not properly made.Read more
- Defending a contested willExecutors and beneficiaries defending claims against an estate, protecting the will and the estate’s value.Read more
- Executor and beneficiary disputesDisputes over delays, accounts, property and conduct between executors and beneficiaries.Read more
- Guardianship and capacity disputesVCAT applications for guardians and administrators, and disputes about attorneys and capacity.Read more
- Trust disputesDisputes over family and testamentary trusts: control, trustee conduct, accounts and distributions.Read more
Tell us what is going on. We will tell you where you stand.
A free 15-minute call. If it is a matter for us, you are booked in with the right solicitor before the call ends. If it is not, we will say so.