Estate Disputes

Disputes often arise around the distribution of an estate following a death.  Spouses, children or dependants of the deceased may believe that they were not properly provided for under the will, or that the will does not reflect the deceased’s intention.  Further disputes may arise over the conduct of the executor.

Whether you are an executor trying to meet your obligations, someone who believes they were not properly provided for under the terms of a will, or are a person concerned about the will being followed, we have the experience and knowledge to help. Email us today.

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Contesting A Will
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Defending A Will
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Dying Without A Will (Intestacy)
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Other Wills & Probate Disputes
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FREE Case Assessment

We offer a free initial case assessment.

We will obtain preliminary instructions from you and advise you whether we believe we are able to assist you in your matter.  If we believe we may be able to assist you we will discuss with you the the process, the terms of which we can act (including the likely costs) and the value of the claim.  The case assessment may be by phone, or in person. There is no cost associated with this case assessment, nor any obligation to instruct us in your matter.

You can contact Tanya Segelov, or David Taylor directly, or  contact our office by phone, email or the web-chat to arrange your free case assessment.

Call us

02 8880 0500
03 9021 7260

Email us

Email us directly or by filling out the form below. We will contact you within 1 business day

Live Chat

You can chat to us online by using the webchat below (where it says Speak to us!). David and Tanya are often able to respond immediately. If they are not available, an operator will take your details and we will get back to you within a day.

Segelov Taylor Lawyers

Segelov Taylor Lawyers was established in 2016 by David Taylor and Tanya Segelov.

David and Tanya are both very experienced lawyers, who have acted for applicants and plaintiffs in a wide variety of jurisdictions.

Information Videos

Common Questions

Our fees in wills and estate matters

Segelov Taylor acts on a ‘no win no fee’ basis for individuals in family provision claims. This means if you are not successful you will not be charged for our costs incurred in litigating the claim. However, if you are not successful in your claim you may be order to pay the executor’s costs. It is therefore important you seek legal advice as to the merits of any claim before commencing proceedings.

If you are the executor of a Will where a family provision claim has been made you are entitled to have the cost of defending the claim paid by the estate. Read more…

What is the difference between challenging and contesting a will?

Contesting a will and challenging a will have very different meanings.

Challenging a will involves an allegation that the will is not valid and should not be accepted as the last will and testament of the deceased.

Contesting a will does not involve challenging the validity of the will.  Rather, it refers to making a claim under the Succession Act that the will does not make adequate provision for a claimant.

What time limits apply in wills matters?

A family provision claim must be filed within 12 months of the date of death. The court has a discretion to extend the time for the commencement of a claim if there is good reason for the delay.

Can I contest a will if I received something under it?

The fact that you received something under a will does not prevent you from bringing a claim contesting a will.

Rather, the crucial issues are whether you (a) are an eligible person (generally a spouse, child, or dependent), and (b) whether you received adequate provision under the will, taking into account all the relevant considerations.

How long do claims take to complete?

A claim is made by filing an application in Court along with a detailed Affidavit setting out the circumstances of the case. This must be done within 12 months of the date of death.  The estate will respond and file its own evidence.

The matter will then be listed for compulsory mediation. This is generally within 4-6 months of the claim being filed.  Most matters settle at mediation.

If a matter doesn’t settle at mediation, it will proceed to hearing. This will normally occurs within  12 and 18 months of the commencement of proceedings.

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No Win, No fee policy

Segelov Taylor are committed to ensuring that legal costs are not an impediment to people enforcing their legal rights.

Because we are a specialist, boutique firm with less overheads than some of the larger, generalist firms, we provide very high quality legal services at a lower price.

Prior to commencing the claim we will provide a costs disclosure which clearly sets out the fee arrangements.  In proceedings where we act for a claimant in contesting a will, we are often able to act on a no win, no fee basis.

For more detailed general information about our fees in wills and estate matters, please see our fee policy page, or call us.

Estate Disputes Articles

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