Hendersons Legal, Melbourne wills and trust lawyers, are receiving an ever-increasing number of requests for assistance from clients wishing to challenge a will as well clients having  problems with trusts, whether they be executors, trustees or beneficiaries.

Our experienced wills and trust lawyers are hearing high levels of concern from beneficiaries as to the administration of deceased estates and trusts and about the accountability of and details to be provided by executors and trustees. Similarly, executors and trustees are seeking clarification as to their duties and accountability in the administration of wills and trusts.

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 the 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?

Hendersons Legal, Melbourne wills and estate lawyers, is able to provide legal services for the drafting of wills and testamentary documents as well as trust documentation. We are also able to provide the full range of power of attorney documents. We can also apply for probate in Victoria and act as agents for interstate lawyers where required.

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) who want to challenge wills or who are 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 to the emotions and concerns of the people involved in those disputes, which are often family members. These must also be balanced against the commercial considerations that inevitably apply to litigated disputes and we are well experienced to provide sound and practical advice to our clients taking these relevant factors into account.

Hendersons Legal has provided the following legal services in relation to these matters for trustees, executors and beneficiaries:

  • Challenging wills
  • 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 lawyers.


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