When is a court in Victoria prepared to order provision for an adult child excluded from their parents Will? The Victorian County Court 27 June 2024 decision ordering substantial provision to an excluded adult child from her parent’s estate demonstrates the Court is prepared to override freedom of…

The Victorian County Court 5 June 2023 Contesting Wills judgment that leaving a life interest to a spouse / partner to reside in a deceased’s house is inadequate provision demonstrates that Courts are prepared to in effect re-write Wills by broadening spouse / partner house life interests.

8 Things You Need to Know to get the best result. Defending a Will Contest between Siblings. Small estates ($1 million or less) Will contest claims between siblings of a deceased parent are common.

Considering contesting a Will? This is what you need to know. Galbally & O'Bryan Will Contest Lawyers can help you establish if you have a case for contesting a Will.

Estranged Daughter of Deceased Father Successfully Contests his Will. The Victorian Supreme Court first instance and Court of Appeal 17 August 2023 decision to give additional provision to a deceased father’s estranged daughter demonstrates the Court is prepared to give meaningful provision to an…

Executors Commission Disputes, what you need to know. The role of the executor is to put the wishes of the will-maker into effect by collecting assets, paying liabilities and distributing the will-maker’s property to those he or she wished to benefit (beneficiaries). If you are involved in an…

Beneficiary challenges to trust distributions are becoming more common in Victoria.

When the Court is Prepared to Disallow Executor’s Commission & Order Costs. The Victorian Supreme Court April and June 2022 decisions that lawyer Thomas Koutsoupias’ claim for executor commission and remuneration be disallowed and he pay the interested beneficiaries legal costs demonstrates the…

Challenges to Wills on the ground of a lack of testamentary capacity are becoming more common in Victoria. What “red flags” may warrant a possible challenge to a Will on the ground of a lack of testamentary capacity? Here's what you need to know.

Will Disputes Between Executors & Beneficiaries. A lack of communication is a common cause of beneficiary/executor disputes but what if the beneficiary thinks the executor is not doing their job or acting against the beneficiary’s interests? Here's what you need to know.

Will Testamentary Capacity was successfully challenged in Victoria, demonstrating that the Court is prepared to invalidate a Will if sufficient evidence is put before it. The Victorian Supreme Court’s June 2022 (Bailey V Maddock) finding that war veteran Norman Maddock lacked mental capacity to…

Family Provision Claims Victoria. Family provision claims are a common occurrence in Melbourne and throughout Victoria. These claims are a fact of life. The new procedures in the County Court prioritise quick and cost-effective resolution of TFM (Testators Family Maintenance) proceedings, saving…

Navigating the legal system after the death of a partner, parent, or family member can be a challenge. If you have been left out of the Will or don’t get what you expected it is even more difficult. In this post Andrew O'Bryan explains what you need to know when contesting wills.

If you are looking to engage a lawyer on a “No Win No Fee” basis to Contest or Defend a Will from Challenge, what do you need to know? Contact Galbally & O'Bryan for more information.

Wills and Estates have changed in Victoria. A new Act in Victoria makes significant changes to those people who are eligible to contest Wills and Estates as well as to the factors that will now be considered by the court in determining the outcome of claims. Are you prepared?

Have you made appropriate plans for your Will and Estate? Why you should be considering adding a note of explanation or making a Will in 2015.