In Australia, we have what is called “freedom of testation”, which means that we have the ability to pass our assets as we would like to – by making a Will. However, in some cases, there is a limit to this freedom, and certain people are eligible by law to make a claim for further provision if they believe that the Will has not been fair to them.
In Victoria, these people are primarily domestic partners and children of the deceased, although others can qualify depending on the specific circumstances.
Estate litigation is usually an emotionally draining process, and at Anchorage Legal, we work with you at each stage of the process to discuss your options, and the likely costs for each. We take a pragmatic approach, and provide clear advice about the likely chance of success in each matter, and the costs involved.
Our Mornington based Estate Litigation lawyers are experienced in settling matters in the very early stages of negotiation, or at mediation, and are well regarded in the profession. We also have experience of running matters to trial in the Supreme Court of Victoria, where no settlement has been reasonably satisfactory to our clients. At all times, we value communication to ensure that you are kept ‘in the loop’ and have a good understanding of what your options are throughout the process.