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Wills, probate & estates · Lower Plenty, Victoria

Wills, probate and contested estates in Lower Plenty

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 Lower Plenty and across Melbourne's north-east.

Wills, probate & estates · Melbourne's north-east

Handling an estate, or contesting one, in Lower Plenty?

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 Lower Plenty often come to us when a parent or spouse dies and someone needs to work out what happens to the house, superannuation, bank accounts and personal items. Sometimes there's a will; sometimes there isn't. Other times the will is old or unclear, or family members disagree about what it means or whether it's valid. You might be the executor named in the will, or a family member wondering what your role is. Before you contact us, gather what you can find: the original will if one exists, details of bank accounts and property, superannuation statements, and a list of who the person wanted to benefit. We can walk through what comes next and what paperwork you'll need to sort out.

Wills, probate & estates in Lower Plenty: We act for executors, beneficiaries and claimants throughout Lower Plenty and across Melbourne's north-east. 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: Eltham · Greensborough · Heidelberg · Macleod · Rosanna.  Appointments online across Victoria, or in person at our Reservoir office.
Common questions

Wills, probate & estates in Lower Plenty — 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 Lower Plenty, 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 do I need to do if someone dies and there's a will but no executor named, or the executor won't act?
You'll need to work out who can apply to the court for the power to administer the estate. Write down who the close family members are, what assets exist, and whether anyone is willing to take on the role. Bring that information and the will to us so we can look at the options with you.

Speak to a wills, probate & estates lawyer about Lower Plenty

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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