Hendersons Legal are will and trust lawyers in Melbourne. We are receiving an ever-increasing number of requests for assistance from clients wishing to challenge a will. This includes clients having problems with trusts, whether they be executors, trustees or beneficiaries.
Our experienced wills and trust lawyers in Melbourne’s CBD are hearing high levels of concern from beneficiaries as to the administration of deceased estates and trusts. This extends to the accountability of, and details to be provided by executors and trustees. Similarly, executors and trustees are seeking clarification from experienced trust lawyers such as ourselves, as to their duties and accountability in the administration of wills and trusts. Contact us if you wish to contest a will in Victoria.
Preparing Wills and Trusts and applying for Probate
As a starting point, it is critical that lawyers who are expert in wills and estate law in Victoria draft any will or trust documentation properly. The clearer these documents are, then the less likely there is to be a dispute about meanings and intentions. Frequent questions include whether the trust is a fixed (unit) trust, or is the trust discretionary? Who controls the trust? Who can remove and replace the trustee? Who is entitled to the assets or income from the assets?
At Hendersons Legal our knowledgeable will and estate lawyers are able to provide legal services for the drafting of wills and testamentary documents. We can also prepare trust documentation. Our team are also able to provide the full range of power of attorney documents if required. Our lawyers can apply for probate in Victoria and act as agents for interstate lawyers when necessary.
Challenging Wills, Will Disputes and Trust Problems
Our wills and estate lawyers, with extensive commercial litigation backgrounds, are able to provide strong and effective advocacy for clients (be they executors, trustees or beneficiaries). This type of client often wants to challenge a will. They may also be party to a dispute about a will, or who have problems with a trust.
As we also observe in relation to our employment law practice, challenging a will or seeking clarification in relation to a trust must often be handled with high levels of sensitivity. Emotions and concerns of the people involved in those disputes are often elevated and often include family members. These circumstances may need to be balanced against the commercial considerations that inevitably apply to litigated disputes. We are well experienced when it comes to providing sound and practical advice to our clients, taking these relevant factors into account.
Hiring a lawyer to challenge a will in Melbourne could help you resolve a contested will faster, with the outcome you believe is fair.
Hendersons Legal has provided the following legal services in relation to these matters for trustees, executors and beneficiaries:
- Challenging wills in Melbourne and greater Victoria
- Advice as to distributions made under wills and trusts including discretionary trusts
- Advice in relation to small estates as well as large, complex estates comprising corporate entities and discretionary trusts
- Advice to executors and trustees about reporting and accounting requirements
- Advice to trustees and executors about the provision of documents to beneficiaries
- Litigation and resolution of Testator’s Family Maintenance claims including the negotiation of outcomes and relevant settlement documentation
- Advice for clients about their rights if they have been left out of a will or have not been sufficiently provided for in a will
- Advice as to the administration of the trust or estate generally.
If you have questions or concerns about any of these matters please call Hendersons Legal to speak to one of our experienced will lawyers in Melbourne.