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Wills, probate & estates · Altona, Victoria

Wills, probate and contested estates in Altona

Whether you are the executor of an estate, a family member who has been left out of a will, or someone finally getting their own affairs in order, we act for people in Altona and across Melbourne's west.

Wills, probate & estates · Melbourne's west

Handling an estate, or contesting one, in Altona?

Three quite different jobs sit under this heading. Making a will and a power of attorney is the straightforward one, and the cheapest thing you will ever do to save your family trouble. Administering an estate — applying for a grant of probate or letters of administration, then calling in assets, paying debts and distributing — is procedural work with real deadlines. Contesting a will, or defending one, is litigation: in Victoria an eligible person can bring a family provision claim, and the time limit runs from the grant, so it is short. We do all three, and we will tell you plainly which one you are actually in.

People in Altona typically come to us about wills and estates when someone has passed away and there's no clear document about what should happen to their property, or when they're holding a will that needs to be proved. Often there's uncertainty about who has the legal power to act, or family members disagree about how things should proceed. Before you get in touch, it helps to gather any paperwork you have—the original will if one exists, recent bank statements, property details, superannuation information, and names and contact details of anyone named in the document or likely to benefit. Write down what assets you know about, where they're held, and any debts. If someone has already passed away, locate their most recent will or check whether they left instructions anywhere.

Wills, probate & estates in Altona: We act for executors, beneficiaries and claimants throughout Altona and across Melbourne's west. Estate matters are almost entirely handled by correspondence and online, so nothing requires you to travel — but our Reservoir office is there if you would rather sit down with someone.
We also act on wills, probate & estates matters in: Albanvale · Bonnie Brook · Burnside · Cairnlea · Caroline Springs.  Appointments online across Victoria, or in person at our Reservoir office.
Common questions

Wills, probate & estates in Altona — FAQs

How long do I have to contest a will in Victoria?
A family provision claim must generally be started within six months of the grant of probate. It is a short window and it runs from the grant, not from the death — so if you are considering a claim about an estate connected to Altona, get advice early rather than waiting for the estate to be distributed.
Can I make a family provision claim if I was left out of a will?
Possibly. Victorian law allows certain people — including spouses and partners, children, and some others who depended on the deceased — to apply for provision from an estate where the will does not adequately provide for them. Whether you are eligible, and whether a claim is realistic, depends on your relationship to the deceased and your own circumstances. Time runs from the grant of probate, so get advice early.
Do I need probate for a small estate?
Not always. Whether a grant is needed depends on what the assets are and who holds them — some banks and share registries will release smaller holdings without one, and jointly held property may pass automatically. We will tell you at the outset whether you need a grant at all.
I'm the executor and the family is fighting. What do I do?
An executor's duty runs to the estate, not to any one beneficiary, and acting even-handedly is what protects you personally. Get advice before you distribute anything — distributing while a claim is on foot is where executors get into difficulty.
What does it cost?
Making a will or a power of attorney is fixed-fee and quoted upfront. Probate applications are usually fixed-fee too. Contested matters are quoted with an estimate at each stage, so you are never exposed to an open-ended bill.
What should I do if my parent died and left a will but I can't find the original?
Start by asking the executor named in the will, or checking with their solicitor or accountant. The will might be registered or held by a bank. Collect copies of any versions you find, along with the death certificate and a list of assets and debts. We can help you work through what steps come next and what documents you'll actually need to gather.

Speak to a wills, probate & estates lawyer about Altona

Tell us where the estate stands. We'll set out what has to happen, in what order, and what it will cost.

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