How To Make A Claim Against The Estate?

Direct Partner Access
Flexible Fees
Expert Advice
Melbourne-Based
Free Case Review
Fast Turnaround Times

Strict rules apply to how and when a claim can be made. In Victoria, a claimant has 6 months from the date administration of the estate was granted (section 99 of the Administration and Probate Act). However, a claimant can still bring a claim against the estate after 6 months if he or she shows good reason why he or she did not make a claim within 6 months (for example the claimant was unwell).

When will a claimant be absolutely barred from making a claim?

If the assets of the estate have all been distributed, then a claimant will not be able to make a claim against the estate (section 99 of the Administration and Probate Act). However an executor (the person who administers and distributes the estate) should be careful not to distribute the estate if they have noticed that a person wants to make a claim against the estate. Distributing when notice has been given could expose the executor to a claim against the executor personally.

Seeking assistance

If you are considering making a claim against an estate, we recommend speaking to one of our experienced estate planning lawyers.

If a claim is made against an estate and you are a beneficiary, you should also seek advice from one of our experienced estate planning lawyers. The executor of the estate is also advised to seek separate legal representation.

If you believe you have been unfairly or unlawfully treated in a will, we can provide you with advice and assistance to help you claim what you are entitled to.

Contact Us today on 1300 880 363 to arrange a consultation with one of our experienced lawyers.

How To Make A Claim Against The Estate?

Contact Us

For Your Free Phone Consultation

(OPEN SUNDAY)

Our Happy Clients

The Difference Is In Our Level Of Experience Defending The Most Difficult Cases & Our Rigorous Approach To Each Matter

I have known Brett Samuel and Rosendorff Lawyers for over 18 months. Brett is a commercially astute lawyer who provides excellent service, quick turnaround, responsive and useful advice and above all understands that clients expect results not just legal gobbledygook.

I have referred Brett to a number of clients requiring commercial legal expertise and each has commented on his service and value for money approach to the law.

I have also personally engaged Brett on a number of commercial and private matters and have found him to be an excellent ally. His advice is highlighted by providing options to the client but importantly, recommending a course of action that minimises risk and maximises outcomes. To date this approach has proven to be very valuable and what I, as a client, expects.

I have no hesitation in recommending Brett for any commercial matter that you need advice on.

Colin Linke, Director, Bentley Partners Accounting Services
I have used the services of Rosendorff Lawyers for a number of years now and have found them to be a great asset to my Business Sunburst Group. Their advice concerning contractual law and from time to time commercial litigation has been indispensable. Brett Samuel is always a pleasure to deal with as he is meticulous in his research prior to any legal action we might be considering. My association with Rosendorff Lawyers has helped my business to make the correct informeddecisions and in doing so has enabled me to save many thousands of dollars that otherwise uniformed decisions may have cost me.

Rob Grainger , SUNBURST GROUP OF COMPANIES
Thanks for the excellent work you and your team at Rosendorff Lawyers did throughout the whole process of setting up Tarp Asset Management. The advice given was much appreciated. Coming in under budget was a welcome surprise too. I would not hesitate to recommend Rosendorff Lawyers to anyone searching for a reputable Melbourne-based financial services law firm. Your team went well above and beyond what was required to achieve success. I look forward to a long and rewarding professional relationship with Rosendorff Lawyers.

Alex Tarpkos Tarp Asset Management