Can Multiple Stepchildren Use the Same Lawyer for a Will Contest in Victoria?
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Can the same lawyer act for multiple Will claimants?
Blended families are more common than ever. Separated parents often re-marry or re-partner.
In doing so, it is common for a step-parent to exclude or limit provision to stepchildren from his or her estate.
If you and your siblings are excluded or left limited provision from a step-parent's will or estate, can multiple stepchildren make one contest will claim with the same lawyer?
The answer is yes subject to the following matters:
1. Do you agree on the claim amount you each get?
You and your contest Will stepchild siblings will need to agree on what amount of provision you each get on any settlement.
Usually, the agreement is each of you getting an equal amount with the multiple claims negotiated on a collective global basis.
2. Do you agree on the terms of the same lawyer representation?
You and your contest Will stepchild siblings must agree on the lawyer to represent you on whatever terms.
Usually, the agreement is the legal fees be shared equally and the terms be “no win no fee” meaning none of you are liable to pay legal fees unless your case “settles” or you “win” at hearing.
3. Is the strength and value of your separate stepchild contest Will/estate claims similar?
You and your contest Will stepchild claims should have a similar financial need for provision for each of your proper maintenance and support.
Are your financial circumstances and needs largely the same?
If yes, none of you are disadvantaged in making one contest Will claim for multiple stepchild claimants.
If you and your contest Will stepchild siblings agree on matters 1, 2, 3 above you can all make one claim using the same lawyer.
Why use one lawyer for Will contest claims with multiple step children?
The advantage is efficiency and cost. One claim as opposed to multiple:
a. Usually means a speedier resolution; and
b. Results in a significant cost saving in having one set of lawyer claimant costs instead of multiple which usually means greater provision amounts to you and your contest Will stepchild siblings.
Learn more about using one lawyer for multiple stepchild Will claims
Talk to one of our stepchild contest Will lawyers now about a multiple stepchild claim. Galbally & O’Bryan is one of Victoria’s leading stepchild
contest Will law firms. We offer a free first consultation over the phone and “no win no fee” terms.
Partner Andrew O’Bryan and Senior Associate Carl Wilson are expert Will contest lawyers. Andrew and Carl will review your case and provide clear, easy to follow advice and take action to give you and your multiple Will contest claimants the best possible outcome.
We have offices at Melbourne, Dandenong, and Pakenham. Contact us by email or phone on 03 9200 2533.
How to contact our Wills & Estates Contest Lawyers
Contact our Wills & Estates lawyers
Andrew O'Bryan
Galbally & O'Bryan
Lawyers
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533 I M 0400 469 704
E aobryan@galballyobryan.com.au
Carl Wilson
Galbally & O'Bryan
Lawyers
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E cwilson@galballyobryan.com.au
Melbourne Office
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E enquiries@galballyobryan.com.au
Dandenong Office
Shop 9/147-151 Foster Street
DANDENONG VIC 3175
T (03) 9769 2510
E dandenong@galballyobryan.com.au
Pakenham Office
Shop 1, 15 John Street
PAKENHAM VIC 3810
T (03) 5941 7990
E pakenham@galballyobryan.com.au