Estate litigation in Victoria.

Estate disputes broadly fall into three categories. A family provision claim under Part IV of the Administration and Probate Act 1958 is brought by an eligible person, typically a spouse, domestic partner, child or certain dependants, who says the will did not make adequate provision for their proper maintenance and support. A will validity challenge argues the will itself should not stand, on grounds such as the will-maker lacking testamentary capacity, not knowing and approving its contents, or having been unduly influenced. And a dispute with an executor concerns delay, a failure to account, or a conflict of interest in how the estate is being administered.

Family provision claims are strictly time-limited, generally six months from the date of the grant of probate or administration. Extensions are possible in limited circumstances but are not assured, and an estate distributed in the meantime makes recovery much harder. Where a claim or challenge is being considered, a caveat can be lodged to prevent a grant of probate issuing until the dispute is resolved.

Costs no longer automatically follow the estate. Victorian courts increasingly order costs to follow the outcome of the case, meaning an unsuccessful claimant, or an executor who has acted unreasonably, can be ordered to pay costs personally. That risk is a strong reason to get an early, honest view of the merits before committing to a dispute.

If you are considering a claim, do not wait. The six-month limitation period runs from the grant of probate, not from when the will-maker died, and an estate can be substantially distributed well before that deadline.