Estate Planning & Estate Disputes

Why You Need a Valid Will

A will is one of the most important legal documents you can have. It ensures that your assets and belongings are distributed according to your wishes, and that the people you care about are provided for when you’re no longer here.

Without a valid will, your estate will be distributed under a legal formula that may not reflect your relationships, priorities, or intentions. This can lead to confusion, delays, and even costly disputes among your loved ones.

Even if you don’t have significant assets, a will allows you to:

Choose who receives your personal items and money
Nominate an executor to carry out your wishes
Appoint a guardian for your children
Make gifts to charities or causes you care about
Exclude someone from your estate, if needed

Powers of Attorney & Medical Decision-Making

Planning ahead isn’t just about having a will — it also means choosing someone to make decisions for you if you become unwell. A Power of Attorney covers your financial and personal affairs, while a Medical Treatment Decision Maker steps in if you can’t make medical choices for yourself.

Without these documents, your family may need to apply to VCAT, which can be costly and stressful during a crisis.

These protections are especially important for older adults, blended families, and anyone who wants peace of mind knowing their wishes will be respected.

Probate & Estate Administration

Probate is the legal process of administering a deceased person’s estate. If the person left a valid will, the named executor usually applies for a Grant of Probate from the Supreme Court of Victoria. This confirms the will’s validity and gives the executor legal authority to collect assets, pay debts, and distribute the estate according to the will.

If there is no valid will, an eligible person (usually a family member) can apply for Letters of Administration to manage the estate under the rules of intestacy.

At Leyton-Palma Lawyers, we guide executors and administrators through the probate process with clarity and care, ensuring all legal requirements are met efficiently and thoroughly.

Challenging a Will & Estate Disputes

Have you been left out of a parent’s or spouse’s will? Or perhaps you’ve been included, but feel you haven’t been treated fairly. These situations can be deeply emotional — and legally complex.

At Leyton-Palma Lawyers, we help clients navigate a wide range of estate disputes, including:

Family provision claims (Part IV applications) – where someone believes they have not been properly provided for under a will or intestacy
Challenges to the validity of a will – for example, where there are concerns about the will-maker’s capacity, undue influence, or suspicious circumstances
Disputes between executors and beneficiaries
Contested probate and caveats against a grant
Claims involving informal wills or missing wills

We act for executors, beneficiaries, and eligible claimants, offering practical, strategic advice with the goal of achieving efficient, cost-effective outcomes. Whether you're defending a claim or bringing one, we understand the personal impact of these disputes and are here to guide you with clarity and compassion.

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