Estate Dispute Lawyers in Melbourne
Compassionate support and strong advocacy during estate disputes
Contesting a Will or defending an estate claim? We’re here to help.
MST Lawyers’ estate dispute team advises and represents clients in will contests, family provision claims, superannuation death benefit disputes, guardianship and administration applications at VCAT, and undue influence or testamentary capacity challenges. We are based in Melbourne and appear in the Supreme Court of Victoria and VCAT.
We are based in Mount Waverley and advise clients from across Melbourne, including the inner east, south east, and Melbourne CBD.
How we help with estate disputes
Our team advises and represents clients in a wide range of estate-related matters, including:
How do you contest a Will in Victoria?
Important time limit: In Victoria, a family provision claim must generally be made within 6 months of the date probate is granted. If you miss this deadline, you will need court permission to proceed — and that permission is not guaranteed. Seek legal advice as soon as possible.
We act for individuals contesting or defending a Will, including claims for further provision under Part IV of the Administration and Probate Act 1958 (Vic). (This is when a person believes they were left without adequate provision.) Our team carefully assesses the legal merit of each claim, advises on strategy, and represents clients in negotiation, mediation, or court proceedings. We aim to resolve matters efficiently while minimising emotional and financial stress.
Common Reasons for Contesting a Will
A person may contest or challenge a will if:
- They were left out of the will or received less than expected
- They believe the will-maker (testator) lacked mental capacity
- There is concern about undue influence or coercion
- There is suspicion of fraud or forgery
- The will was not executed correctly under Victorian law
How are superannuation death benefit disputes resolved?
Disagreements can arise over who should receive superannuation death benefits, particularly where no binding nomination exists. MST Lawyers advises beneficiaries and potential claimants on their rights and represents clients in disputes before superannuation funds or the Australian Financial Complaints Authority (AFCA).
What is VCAT guardianship and administration?
We regularly appear in VCAT to assist families with guardianship and financial administration matters involving loved ones who have lost capacity. Whether you’re applying for orders, opposing an application, or seeking to remove an administrator, we provide guidance with empathy and professionalism.
What are grounds for challenging the validity of a Will?
When a will or estate plan doesn’t reflect a person’s true intentions, there may be grounds to challenge its validity. At MST Lawyers, we support clients through sensitive claims involving undue influence, fraud, or concerns about a loved one’s capacity when the document was signed. We act with care and professionalism, helping you protect your rights and ensure a fair outcome in what is often an emotionally charged situation.
Negotiation and Mediation to Preserve Relationships
Many estate disputes can be resolved outside of court. We facilitate early resolution through negotiation and mediation where possible, helping parties reach a fair outcome while avoiding the costs and delays of litigation. Our approach balances firm legal advice with sensitivity to family dynamics.
Litigation When Resolution Isn’t Possible
If negotiation fails, MST Lawyers has the litigation experience to protect your interests in court. We pursue or defend claims in the Supreme Court of Victoria, ensuring your position is strongly advocated and legally sound.
Strategic, Tailored Advice for Complex Situations
No two disputes are the same. Our team listens closely to your concerns and goals, then provides clear, strategic advice tailored to your circumstances—whether the dispute involves blended families, unusual Wills, cultural considerations, or strained relationships.
Schedule a consultation with our Estates Lawyers
If you’re an executor needing legal support, MST Lawyers is here to help. Book a consultation with our experienced Wills and Estates Lawyers and take the first step towards clarity and peace of mind.
MST lawyers is here to help
why choose us?
With decades of experience in complex estate litigation, our Melbourne-based team offers supportive, multilingual advice, proven results in and out of court, and practical strategies to protect estate assets.
Meet the lawyers dedicated to your success
The Wills and Estates Legal Team
When you partner with MST Lawyers, you gain a team dedicated to your success. With deep multi-disciplinary expertise, personal service, local Melbourne knowledge, and a proven track record of delivering results, we’re trusted to provide responsive, professional, and effective legal support.
How we work
We provide clear, step-by-step support tailored to your situation to help resolve estate disputes efficiently.
We listen to your concerns and assess the will in question
Step 2: Identify Legal Grounds
We advise on your options to contest or defend the estate.
We aim to resolve disputes through settlement wherever possible.
If a resolution can't be reached, we represent you in the Supreme Court of Victoria.
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Yes. A Will can be challenged on several grounds, including lack of testamentary capacity, undue influence, or failure to provide adequate provision for a family member or dependent.
Eligible persons include spouses, children (including adult and stepchildren), dependents, and sometimes grandchildren. MST Lawyers can assess your eligibility and advise on the strength of your claim.
Please note: Strict time limits apply. In Victoria, a family provision claim must generally be made within 6 months of the date probate is granted. If you wait too long, you may lose your right to bring a claim.
Speak to one of our lawyers as soon as possible to protect your legal rights.
In Victoria, you generally have six months from the date probate is granted to file a family provision claim. We recommend seeking legal advice as soon as possible.
Superannuation is not automatically part of the estate. However, if there’s a dispute over the death benefit nomination, MST Lawyers can help you make or defend a claim.
No. Many disputes are resolved through negotiation or mediation. We always explore these options first to avoid unnecessary stress and legal costs.
Under Part IV of the Administration and Probate Act 1958 (Vic), an “eligible person” who can apply for further provision includes: a spouse or domestic partner, a child (including adult children and stepchildren), a grandchild who was financially dependent on the deceased, and a former spouse. The court considers whether adequate provision was made for the eligible person’s proper maintenance and support.
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