Service
Estate Disputes
When an estate is contested, you need an experienced specialist in your corner. Andrew O'Bryan provides strategic, skilled representation in all types of Will and estate disputes — from family provision claims to full challenges on validity.
About Estate Disputes
Estate disputes are among the most difficult legal matters a family can face. They arise at a time of grief, involve relationships that may already be strained, and can escalate quickly if not handled carefully.
Andrew O'Bryan has extensive experience representing both claimants and defendants in all types of estate disputes — family provision claims, challenges to a Will's validity, executor disputes, and beneficiary disagreements. His approach combines legal expertise with genuine understanding of the family dynamics involved.
Early specialist advice is critical in estate disputes. There are strict time limits for bringing claims, and the decisions made in the early stages can significantly affect the outcome.
Types of Estate Disputes
Andrew O'Bryan represents clients across the full range of estate dispute matters in Victoria.
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Family Provision Claims (Part IV)
Eligible family members and dependants who believe they have been inadequately provided for may apply to the Supreme Court for further provision from the estate.
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Challenging a Will's Validity
A Will may be challenged on grounds of lack of testamentary capacity, undue influence, fraud, or failure to comply with formal requirements.
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Executor Disputes
Disputes can arise over an executor's conduct — including delay, mismanagement of assets, failure to account, or conflicts of interest.
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Beneficiary Disputes
Disagreements between beneficiaries about entitlements, asset distribution or the interpretation of Will provisions.
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Contested Probate
A formal challenge to the grant of probate, where the validity of the Will is disputed before or after the Court's grant.
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Intestacy Disputes
Disputes about who is entitled to share in an estate where the deceased died without a valid Will.
What's Involved
Andrew O'Bryan provides comprehensive dispute representation — from urgent initial advice through to resolution.
- Initial assessment of your claim and prospects
- Advising on time limits and urgency
- Pre-litigation negotiation and mediation
- Preparing and filing claims at the Supreme Court
- Representing clients through the litigation process
- Representing executors defending claims
- Urgent injunctions to protect estate assets
- Appeals from VCAT decisions
How Andrew Approaches Estate Disputes
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Urgent Assessment
Time limits in estate disputes are strict. Andrew assesses your situation urgently and advises on your options and prospects.
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Pre-Litigation Strategy
Many disputes resolve without court proceedings. Andrew pursues negotiation and mediation first — saving time, cost, and family relationships.
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Proceedings (if required)
If negotiation fails, Andrew represents you in Supreme Court proceedings with strategic, experienced advocacy.
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Resolution
Whether through negotiated settlement or court determination, Andrew works to achieve the best possible outcome for you.
No Win, No Fee Available
No win, no fee arrangements are available for eligible family provision claims. Ask Andrew about your options at your first consultation.
Estate Disputes — Common Questions
Under Part IV of the Administration and Probate Act 1958, an eligible person can apply to the Supreme Court for further provision from an estate. Eligible persons include: the deceased's spouse or domestic partner, children and stepchildren (including adult children), registered caring partners, and grandchildren who were wholly or partly maintained by the deceased. Each case depends on its specific facts.
In Victoria, a family provision claim must generally be made within six months of probate being granted. Missing this deadline can be fatal to your claim, though the Court has discretion to extend time in limited circumstances. If you believe you may have a claim, seek legal advice immediately.
The Court considers a wide range of factors including: the size of the estate, the nature of your relationship with the deceased, your financial needs and resources, any contributions you made to the estate, the competing claims of other beneficiaries, and any reasons the deceased gave for the provision (or non-provision) made in the Will.
For eligible family provision claims, Andrew O'Bryan can discuss no win no fee arrangements. This means you do not pay legal fees unless your claim is successful. Ask about this at your first consultation.
Yes. The Supreme Court has power to remove an executor who has acted improperly, breached their duties, is in a conflict of interest, or is otherwise unsuitable to continue. Andrew can advise on both applying for removal and defending against removal applications.
Many estate disputes — including family provision claims — resolve through negotiation or mediation without going to trial. This can take 6–18 months. Contested trials take longer. Andrew always explores early resolution to minimise cost and preserve family relationships where possible.
Related Services
Facing an Estate Dispute? Get Specialist Advice Today — Time Limits Apply.
Speak directly with Andrew O'Bryan about your estate dispute. Early advice is critical.