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Wills, probate & estates · Essendon, Victoria

Wills, probate and contested estates in Essendon

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 Essendon and across Melbourne's inner north-west.

Wills, probate & estates · Melbourne's inner north-west

Handling an estate, or contesting one, in Essendon?

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.

Essendon residents who come to us about wills and estates often find themselves in one of two situations: either they've put off writing or updating their will and want to get it done properly, or they've recently lost someone and need to work through what comes next. In the first case, people usually want clarity on what needs to be in a will, who should be named to carry it out, and how to make sure it actually reflects their wishes. In the second, families are trying to understand what documents exist, what assets need to be dealt with, and what steps follow. Before coming in, it helps to jot down what you own, who you want to benefit, and roughly who might be willing to take on the executor's role. If you're dealing with someone's estate, gather their original will if you can find it, and any recent bank or property statements.

Wills, probate & estates in Essendon: We act for executors, beneficiaries and claimants throughout Essendon and across Melbourne's inner north-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: Hadfield · Moonee Ponds · Niddrie · Oak Park · Strathmore.  Appointments online across Victoria, or in person at our Reservoir office.
Common questions

Wills, probate & estates in Essendon — 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 Essendon, 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.
Do I need a lawyer to write a will, or can I do a template online?
A template might seem quick, but wills often fail because of how they're worded, witnessed or signed. Small mistakes can mean your wishes don't happen as you intended, or create confusion and cost for your family later. We can walk you through what actually needs to be in yours and make sure it's done correctly the first time.

Speak to a wills, probate & estates lawyer about Essendon

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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