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Wills, probate & estates · Flemington, Victoria

Wills, probate and contested estates in Flemington

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 Flemington and across Melbourne CBD & inner.

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Wills, probate & estates · Melbourne CBD & inner

Handling an estate, or contesting one, in Flemington?

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.

Flemington residents often come to us when someone has recently passed away and the family isn't sure what comes next, or when an older person wants to put a will in place but hasn't got around to it. Many people here are managing rental properties or have modest investments alongside a home, which means the estate can be a bit more complicated than just a house and a bank account. Before you meet with a lawyer, it helps to gather any existing will or documents, a list of what the person owned (property, superannuation, bank accounts, shares), who the main beneficiaries might be, and whether there are any debts. If someone has already died, collect the death certificate and any recent bank statements or property records. These details help us understand what needs to happen.

Wills, probate & estates in Flemington: We act for executors, beneficiaries and claimants throughout Flemington and across Melbourne CBD & inner. 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: Kensington.  Appointments online across Victoria, or in person at our Reservoir office.
Applying for probateAdministering an estateContesting a willMaking a willPowers of attorneyWills & estates
Common questions

Wills, probate & estates in Flemington — 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 Flemington, 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 someone dies and there's no will?
Start by obtaining several copies of the death certificate. Make a list of what the person owned—property, vehicles, bank accounts, superannuation—and who might have a claim. Gather recent bills and financial statements. Then meet with a lawyer, who can explain the process and what you'll need to do next.

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