Will Dispute Lawyers in Box Hill, Melbourne
From our Box Hill office, we act for people contesting a will, whether they were left out, left short or doubt the will is valid, and for executors and beneficiaries defending one, through negotiation, mediation and any hearing.
Spencer Alexander Lawyers is a Box Hill, Melbourne law firm acting for people who contest a will and for the executors and beneficiaries who defend one, with the principal overseeing every matter.
- Contesting a will usually means a family provision claim under Part IV of the Administration and Probate Act 1958, asking the court to order provision from the estate.
- The court must be satisfied that the claimant is an eligible person, that the deceased had a moral duty at the time of death to provide for them, and that the distribution of the estate fails to make adequate provision for their proper maintenance and support. Some eligible people, such as a grandchild, must also show they were wholly or partly dependent on the deceased.
- A challenge to the will's validity, such as for lack of capacity or undue influence, is a separate claim, usually raised by a caveat before probate is granted, or after it by an application to revoke the grant.
Who we act for
When a will is in dispute.
People call us when a parent or partner has died and the will leaves them out or short, or when they doubt the will is valid at all. Executors call when a claimant's lawyers have written or a caveat has held up probate.
We act on either side, and for beneficiaries too, who bear the cost of any provision the court orders for a claimant, in proportion to the value of their interests, unless it orders otherwise.
How we help
What we do in a will dispute.
Making a family provision claim
We advise whether you are an eligible person and how the court's test applies to you, prepare the claim and your evidence, and act for you through negotiation, mediation and any hearing. Our guide to contesting a will sets out the law.
Challenging or upholding a will
A will can be challenged for reasons such as lack of capacity, undue influence, fraudulent calumny or a signing that did not meet the Wills Act 1997. We gather the evidence and lodge caveats, and act to uphold wills too, including one not properly signed, which the Supreme Court can admit to probate if satisfied the person intended it to be their will.
Defending an estate
An executor served with a claim needs to protect the estate while the claim is decided. We gather the evidence of the deceased's reasons, which the court must take into account if it makes an order, and advise on when it is safe to distribute.
Protecting a beneficiary's share
When a claim threatens a gift you were left, we put your own circumstances and needs before the court, which can weigh them alongside the claimant's.
Time limits
The dates that decide what you can do.
The six month limit for a family provision claim runs from the date of the grant, not the date of death. The court can extend it, even after it has expired, but only on an application made before the estate is finally distributed, and an extension does not disturb anything distributed before that application.
A validity challenge is usually raised by a caveat before the grant, and while the caveat stands the registrar cannot make a grant without a court order. Once someone applies for a grant, the caveat lapses 30 days after the caveator is notified, unless grounds of objection are filed and served in that time or a judge orders otherwise.
Your first call
What to bring to your first call.
Whatever you have to hand: a copy of the will if you have one, the grant of probate or letters of administration if one has been made, any letters from the executor, a claimant or their lawyers, and your questions. If you have little on paper, that is fine too. The first conversation is about understanding your situation, not testing your paperwork.
Our office is at Suite 10, 1 Main Street, a short walk from Box Hill station, with parking at Box Hill Central.
What to expect
How a will dispute proceeds.
Costs, estimated in writing.
An estate dispute has no fixed fee, and as our fees page explains, a dispute is charged on a written estimate instead. After we understand what you need, we provide an engagement letter and costs agreement setting out a clear fee estimate before any substantive work begins. Who pays the costs of the dispute itself is for the court to decide or the parties to agree.
Good to know
Common questions about will disputes.
Is it too late to contest a will once probate has been granted?
Not necessarily. A family provision claim can be made within six months of the grant, or later if the court extends the time on an application made before the estate is finally distributed, though a late claim cannot disturb what has already been distributed. A challenge to the will's validity is usually raised before the grant, but can still be made after it by applying to the court to revoke the grant, so call us promptly.
Can a grandchild, a sibling or a carer make a claim?
Only as an eligible person. A grandchild, a member of the deceased's household or a registered caring partner is eligible, but the court can make an order for them only if they were wholly or partly dependent on the deceased. A sibling or a carer who fits none of the Act's categories cannot make a family provision claim.
I am the executor and a claim has been threatened. Can I distribute?
Get advice first. An executor who properly distributes after six months from the grant, without notice of a claim, is generally protected, but a distribution made earlier, or after notice of a claim, can fall outside that protection and leave you personally liable.
Who pays the legal costs of a will dispute?
It cannot be assumed that the estate pays everyone's costs. The court generally decides who pays the costs of a proceeding and how much, and it can order a party to pay costs personally, although a settlement can deal with costs by agreement.
Can a will be challenged if it was not signed and witnessed properly?
Yes. The Wills Act 1997 says a will is not valid unless it is signed and witnessed as the Act requires. The Supreme Court can still admit a document to probate if satisfied the person intended it to be their will, so a signing error does not always decide the dispute.
Sources: Administration and Probate Act 1958 (Vic), sections 12 and 58 and Part IV; Wills Act 1997 (Vic), sections 7 and 9; Supreme Court (Administration and Probate) Rules 2023 (Vic), Orders 8 and 11; Civil Procedure Act 2010 (Vic), section 66; Supreme Court Act 1986 (Vic), section 24; County Court Act 1958 (Vic), section 78A.
This page reflects the law applying in Victoria as at September 2026. It is general information only, not legal advice, and does not take your circumstances into account.
Speak with a will dispute lawyer.
Tell us what has happened and, if you know it, when probate was granted, and we will tell you where you stand.