Will Disputes

• Contesting a Will, Estate Disputes in Victoria
  
  The law does recognise that any person making a Will has the right to have their Estate dealt with in accordance with their wishes. These are called testamentary wishes. However, on occasions, the Courts will interfere with those testamentary wishes where the deceased has failed to provide adequately in the Will. On occasions, family/dependants are left out of a Will and in those circumstances, the Court will intervene to assist addressing that imbalance.
  
  At Clark Toop & Taylor, we will address that imbalance and fight for the appropriate compensation where a Will unfairly provides for you. We have had significant success in contesting Wills in Court, but you must act quickly.
  
  If you consider that you have an entitlement to the assets of an Estate and the Will is grossly unfair, or fails to provide you with appropriate compensation, then you should speak to our experts at Clark Toop & Taylor. You must ensure that action is taken within six months of the date that a Grant of Probate or Letters of Administration have bee made to assist in the administration of the Estate through the Courts.
  
  Accordingly, if you are in this predicament, you need to act quickly.
  
  
• Successful Claim
  
  Maureen had been married to Jack for 40 years and they had two sons. When Maureen married Jack , he already had a house.
  
  After Jack died, Maureen could not locate a Will. The local bank directed her to State Trustees.
  
  At a meeting with the State Trustees representative, Maureen felt comfortable allowing them to pursue Letters of Administration and take over the administration of the Estate. She firmly believed that the matrimonial home would be transferred to her. After all, Maureen was a pensioner and could not afford to relocate at that time.
  
  Unfortunately, Maureen was contacted by State Trustees and asked to vacate the premises so that the property could be sold and the proceeds distributed in accordance the provisions of the legislation relating to intestate estates. She was to be paid the first $100,000.00 from the proceeds of the sale (after all of the costs) and thereafter her sons and she would receive a third each.
  
  Maureen was devastated and attended our offices to seek assistance. We immediately pursued action against the administrators (State Trustees), to secure the Estate for Maureen. Unfortunately, one of her sons challenged for an entitlement in relation to the Estate as well and ultimately, the matter was settled without proceeding to Court in Maureen's favour.
  
  Needless to say, Maureen was extremely grateful for the support that is provided in terms of the early resolution at minimal cost to enable her to retain the roof over her head and secure her future.