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Est. 1934

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Wills & Estates News

When can step children contest a Will?

When Can Step-Children Contest a Will in Victoria? Five Common Scenarios

By Andrew O’Bryan
05/03/2025

It is common for a step-parent to exclude or limit provision to stepchildren from his or her estate. If you are a stepchild in that position this is what you need to know about contesting a Will.

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Will Contest Time Limit Victoria

Contesting a Will in Victoria? Don't leave it too late!

By Andrew O’Bryan
05/03/2025

In Victoria, if you are an adult child or stepchild left nothing or very little in a parent’s or step-parent’s Will or estate, chances are you can make a Will contest claim to get a share of the estate, but there is a time limit to make it. The time limit is 6 months from the Will grant of probate…

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Contest Adult Child Excluded From Will

Provision for an adult child excluded from their parents Will

By Andrew O’Bryan
07/10/2024

When is a court in Victoria prepared to order provision for an adult child excluded from their parents Will? The Victorian County Court 27 June 2024 decision ordering substantial provision to an excluded adult child from her parent’s estate demonstrates the Court is prepared to override freedom of…

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Contesting Wills Partner Life Interest

Contesting Wills Victoria - Spouse / Partner House Life Interest - Is it enough?

By Andrew O’Bryan
10/04/2024

The Victorian County Court 5 June 2023 Contesting Wills judgment that leaving a life interest to a spouse / partner to reside in a deceased’s house is inadequate provision demonstrates that Courts are prepared to in effect re-write Wills by broadening spouse / partner house life interests.

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Defending a Will Contest between Siblings

Defending a Will Contest between Siblings

By Andrew O’Bryan
20/03/2024

8 Things You Need to Know to get the best result. Defending a Will Contest between Siblings. Small estates ($1 million or less) Will contest claims between siblings of a deceased parent are common.

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Contesting Wills FAQ

10 Things You Need to Know About Contesting Wills – Victoria

By Andrew O’Bryan
03/01/2024

Considering contesting a Will? This is what you need to know. Galbally & O'Bryan Will Contest Lawyers can help you establish if you have a case for contesting a Will.

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Estrangement Will Contest

No Relationship (Estrangement) – Can I Contest the Will?

By Andrew O’Bryan
08/09/2023

Estranged Daughter of Deceased Father Successfully Contests his Will. The Victorian Supreme Court first instance and Court of Appeal 17 August 2023 decision to give additional provision to a deceased father’s estranged daughter demonstrates the Court is prepared to give meaningful provision to an…

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Executors Commission Disputes

Executors Commission Disputes – What You Need to Know

By Andrew O’Bryan
27/07/2023

Executors Commission Disputes, what you need to know. The role of the executor is to put the wishes of the will-maker into effect by collecting assets, paying liabilities and distributing the will-maker’s property to those he or she wished to benefit (beneficiaries). If you are involved in an…

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Galballyobryan

Beneficiary Challenges to Trust Distributions – What You Need To Know

By Andrew O’Bryan
26/07/2023

Beneficiary challenges to trust distributions are becoming more common in Victoria.

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When the Court is Prepared to Disallow Executor’s Commission & Order Costs

When the Court is Prepared to Disallow Executor’s Commission & Order Costs

By Andrew O’Bryan
25/07/2023

When the Court is Prepared to Disallow Executor’s Commission & Order Costs. The Victorian Supreme Court April and June 2022 decisions that lawyer Thomas Koutsoupias’ claim for executor commission and remuneration be disallowed and he pay the interested beneficiaries legal costs demonstrates the…

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Invalidate a Will

When is a court prepared to invalidate a Will?

By Andrew O’Bryan
16/02/2023

Will Testamentary Capacity was successfully challenged in Victoria, demonstrating that the Court is prepared to invalidate a Will if sufficient evidence is put before it. The Victorian Supreme Court’s June 2022 (Bailey V Maddock) finding that war veteran Norman Maddock lacked mental capacity to…

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Beneficiary executor will dispute

Will Disputes Between Executors & Beneficiaries – What You Need To Know

By Andrew O’Bryan
16/02/2023

Will Disputes Between Executors & Beneficiaries. A lack of communication is a common cause of beneficiary/executor disputes but what if the beneficiary thinks the executor is not doing their job or acting against the beneficiary’s interests? Here's what you need to know.

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Proving or Disproving Testamentary Capacity

Challenges to Will Testamentary Capacity – What You Need To Know

By Andrew O’Bryan
16/02/2023

Challenges to Wills on the ground of a lack of testamentary capacity are becoming more common in Victoria. What “red flags” may warrant a possible challenge to a Will on the ground of a lack of testamentary capacity? Here's what you need to know.

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Family Provision Claims Victoria

Family Provision Claims Victoria - Cost Effective Resolution

By Carl Wilson
01/03/2022

Family Provision Claims Victoria. Family provision claims are a common occurrence in Melbourne and throughout Victoria. These claims are a fact of life. The new procedures in the County Court prioritise quick and cost-effective resolution of TFM (Testators Family Maintenance) proceedings, saving…

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Contesting Wills - What You Need To Know

By Andrew O’Bryan
12/10/2018

Navigating the legal system after the death of a partner, parent, or family member can be a challenge. If you have been left out of the Will or don’t get what you expected it is even more difficult. In this post Andrew O'Bryan explains what you need to know when contesting wills.

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Contesting a Will “No Win No Fee” - What You Need To Know

By Andrew O’Bryan
17/06/2015

If you are looking to engage a lawyer on a “No Win No Fee” basis to Contest or Defend a Will from Challenge, what do you need to know? Contact Galbally & O'Bryan for more information.

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Wills & Estates Victoria

A new era - changes to contesting Wills and Estates in Victoria

By Andrew O’Bryan
19/05/2015

Wills and Estates have changed in Victoria. A new Act in Victoria makes significant changes to those people who are eligible to contest Wills and Estates as well as to the factors that will now be considered by the court in determining the outcome of claims. Are you prepared?

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Why Victorians need to make or update their will in 2015

By Andrew O’Bryan
08/04/2015

Have you made appropriate plans for your Will and Estate? Why you should be considering adding a note of explanation or making a Will in 2015.

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