Wills & Estates Lawyers

Wills and Estates Law | Contesting a Will | Making a Will

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Wills and Estates Lawyer Services

Menzies Legal are experts in handling Wills and Estates cases. 

We’ve helped many clients create and contest Wills. 

Common services include:

  • Ensuring your Will is valid
  • Assessing the size and scope of your estate
  • Assisting with a Will dispute and negotiating the best possible outcome
  • Removing the stress and anxiety that comes with making or contesting a Will
Wills & Estates Lawyers

Wills, Power of Attorney and Estate Matters

Frequently Asked Questions

How To Dispute a Will

The death of a loved one is an emotionally challenging time. Especially if you’ve been unfairly provided for in a Will.

 

The validity of a Will can be challenged after a person dies if:

  • They lacked the capacity to make a Will at the time they signed it
  • They made the Will under the influence of others
  • The claimant believes they’re entitled to more from the deceased’s estate than they received.

 

Yes, the law recognises a person’s right to choose who will receive their property and possessions. But, there are many good reasons why a person may choose to contest a Will.

What you should know about Wills

Are you over 18 years old? If so, having a Will is the best way to ensure your loved ones are looked after once you pass away. A Will also significantly reduces the chances of your loved ones fighting over your Estate. It’s an essential legal document that protects those nearest and dearest to you.

Assets not covered by a Will

You can only include assets that are owned exclusively by you.

Example of assets not covered by a Will include:

  • Assets which are owned jointly
  • Assets held by a superannuation fund. 
  • Assets owned by discretionary trusts. These don’t become part of your estate because they remain the property of the trust
  • Assets owned by unit trusts or companies that are controlled by you. But the shares or units of such trusts and companies will be part of your estate.
  • Proceeds from a life insurance policy, which are paid directly to the beneficiary nominated by the insured person, and do not form part of the deceased’s estate.

Many of the assets that constitute an estate can be contested in a Will dispute. That’s why it’s important to get the right legal advice when preparing your Will. This will reduce the chances of a dispute between your beneficiaries and ensure your wishes are carried out.

Fees for Wills and Estates Law

Most cases related to Will disputes fall under our No Win No Fee costs agreement. This means you don’t have to pay upfront legal fees. Instead, you only pay us  if we’re successful in obtaining some of the estate you’re entitled to.

Contact us for an explanation of other fees related to Wills and Estates.

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Estate Matters (How It Works)

Step 1: Get in Touch. You can book an obligation-free phone consultation with one of our lawyers. It’s 100% confidential. No pressure. Or you call us or submit an online enquiry.

Step 2: When we speak with you on the phone we will ask some general questions so we can understand what your concerns are and how we can best help you. If you then want to schedule an appointment to discuss getting a Will, Power of Attorney or Appointment of Medical Treatment Decision Maker done  we can put that into place.

Step 3: We understand that coming to our office may not always be possible. You may simply want to avoid sitting in Melbourne traffic. We can visit you at your home or we can schedule an online meeting using  Zoom. We know that these days people are always busy with children, work, keeping fit and life admin in general. In addition to meeting with you at our office, at your home or online we can schedule appointments on the weekend or after normal business hours. We look after clients across metropolitan Melbourne and in rural Victoria. We make regular visits to Bacchus Marsh and Ballarat in particular.

Prior to our meeting, we ask that you complete an online questionnaire. This will save your time and ours and allows us to concentrate on the important issues. If you don’t have access to a computer or would prefer to provide the information face to face that’s fine. We will complete the form at our first meeting. Our estate planning and life planning documents are charged at a fixed cost. Please refer to the Wills and Power of Attorney, Appointment of Medical Treatment Decision Maker for further information.

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Level 1, 609 Balcombe Road, Black Rock


PO Box 343, Black Rock 3193

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