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Wills, probate & estates · Mickleham, Victoria

Wills, probate and contested estates in Mickleham

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 Mickleham and across Melbourne's north.

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Wills, probate & estates · Melbourne's north

Handling an estate, or contesting one, in Mickleham?

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.

In Mickleham, people often come to us when someone has passed away and there's no clear will, or the will is old and incomplete. Families dealing with an estate here typically need to work through who owns what—the house, superannuation, bank accounts, a car—and sort out who gets paid first if there isn't enough money to go around. Before seeing us, gather the deceased person's original documents: any will, birth or marriage certificate, recent bank and property statements, and a list of what you think the estate includes. Write down the names and contact details of anyone who might have a claim or a right to know what's happening. Bring details of any debts, loans or ongoing bills. We can then work through what needs to happen next and in what order.

Wills, probate & estates in Mickleham: We act for executors, beneficiaries and claimants throughout Mickleham and across Melbourne's north. 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: Attwood · Beveridge · Broadmeadows · Bundoora · Campbellfield.  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 Mickleham — 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 Mickleham, 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 if there's a will but no one agrees on what it means?
When family members interpret a will differently, it often helps to have someone work through the wording with you and look at the whole situation together. Write down what each person thinks it says and why, and gather any other documents the person left behind. We can review it with you and talk through what options might exist.

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