Dealing with inheritance issues, especially when they involve disputes among family members, can be a complex and emotionally charged process. At Hentys Lawyers, our team of experienced inheritance lawyers in Melbourne is dedicated to helping you secure and protect your inheritance rights. With our expert legal support, you can be confident that you will receive what is rightfully yours, as we guide you through every step of the process.

Understanding Your Inheritance Rights

Inheritance rights can vary significantly depending on the specific circumstances of your situation, such as whether a Will is present or if the deceased passed away intestate (without a Will). Understanding your rights is the first step in securing your inheritance:

Beneficiaries Named in a Will:

If you are named as a beneficiary in a Will, you have a legal right to receive the assets designated to you. However, complications can arise if the Will is contested or if there are ambiguities in the document. Our inheritance solicitors can help you navigate these challenges and uphold your rights.

Family Provision Claims:

In Victoria, certain family members and dependents can challenge a Will if they believe they were not adequately provided for. This is known as a family provision claim. If you believe you have been unfairly excluded or inadequately provided for in a Will, we can assist you in making a claim to secure your rightful inheritance.

Intestate Succession:

If a person dies without a Will, their Estate is distributed according to intestacy rules. These rules determine who is entitled to inherit based on their relationship to the deceased. Our team can help you understand your rights under intestate succession and ensure that the Estate is distributed fairly.

Challenging an Unfair Will:

If you believe that a Will does not reflect the true intentions of the deceased due to undue influence, fraud, or lack of testamentary capacity, you may have grounds to challenge the will. Our inheritance solicitors in Melbourne are experienced in handling Will disputes and can guide you through the legal process of contesting a Will.

How can our Inheritance Lawyers help you?

DISPUTING A WILL

Inheritance dispute cases can be a daunting experience for all involved, often raising difficult questions and bringing any prior conflicts to the forefront. If you feel you’ve been inadequately provided for in a Will or wrongly excluded from it, it is important to act promptly and determine the strength of your case. With extensive experience in inheritance dispute cases, our inheritance lawyers can assess the chances of you winning in court and provide expert advice regarding whether it would be wise to proceed. If you decide to pursue your case after this, our specialist team at Hentys can help you every step of the way, providing the support and guidance you need to achieve the settlement outcome you deserve.

Typically, you will have six months from the grant of Probate or Letters of Administration to make an application. If you are considering making a claim, the time to act is now; get in contact with our expert team today. We can help you through the entire process, taking your personal wishes into account and helping you to reach a fair outcome.

DEFENDING A WILL

Our industry professionals can also act for the executor, as we are equipped with the knowledge and skills required to defend against a Will that is being contested. We understand the importance of upholding the testators’ terms as outlined in their Will, but we can also provide you with expert advice regarding the merit of challenging parties’ cases. At Hentys, our experienced inheritance lawyers can help you negotiate and reach a fair settlement or, if required, will be able to defend the Estate in court.

Why Choose Hentys Lawyers for Inheritance Disputes?

At Hentys Lawyers, we understand the importance of securing your inheritance rights and the emotional toll that inheritance disputes can take. Our team of skilled inheritance lawyers in Melbourne is committed to providing compassionate, knowledgeable legal support tailored to your unique situation. We work diligently to protect your interests and achieve a fair resolution through negotiation, mediation, or litigation.

Frequently Asked Questions (FAQs) About Inheritance Rights

To help you better understand your inheritance rights and the legal processes involved, we’ve compiled answers to some frequently asked questions:

What should I do if I believe I’ve been unfairly excluded from a Will?
If you believe you have been unfairly excluded or inadequately provided for in a Will, it’s important to seek legal advice as soon as possible. You may be eligible to make a family provision claim, which allows the court to alter the distribution of the Estate to provide for your needs.
Can I challenge a Will if I suspect it was made under undue influence?
Yes, if you believe that a Will was made under undue influence, fraud, or while the testator lacked the mental capacity to make informed decisions, you may have grounds to challenge the will. It’s important to gather evidence and consult with a lawyer who specialises in inheritance disputes.
Can I contest the appointment of an executor?
If you believe that the executor of an Estate is not fulfilling their duties properly or is acting against the interests of the beneficiaries, you may be able to contest their appointment or actions. We can provide legal advice and representation to address these concerns.
How long do I have to contest a Will?
In Victoria, you generally have six months from the date of the grant of probate to contest a will. However, it’s advisable to seek legal advice as soon as you become aware of an issue, as the process is time-sensitive.
What happens if the deceased didn’t leave a Will?
If the deceased didn’t leave a Will, their Estate is distributed according to the rules of intestacy. In the Estate distribution, these rules prioritise certain relatives, such as spouses and children. We can help you understand your rights under these rules and ensure a fair distribution.

Contact Hentys Lawyers Today

At Hentys, we offer an obligation free appraisal where we will speak with you to gain a deeper understanding of your inheritance dispute. At this appraisal, we will advise you as to whether your claim has merit, and if it is worthwhile for you to continue with the matter.

We’ve worked on many inheritance dispute cases and know how difficult the situation can be. Our lawyers are committed to acting with professionalism, sensitivity and discretion at all times.

We deliver the best solutions to our clients, applying our hard work, knowledge and experience to achieve the best possible outcome for you and your family. We’re here to provide the expert guidance and support you need to confidently navigate the complexities of inheritance law.

Fill out the form on our website and we will be in touch at your convenience, or call us on 03 8615 4200 for assistance with completing the form.