Challenging Wills

There are many aspects to Will challenges.

Circumstances which may lead to challenging Wills include

  • lack of testamentary capacity at the time the Will is made

  • seeking the to alter the distribution provided by a Will if you believe a moral obligation was owed to you which has not been discharged by the terms of the Will

Malcolm Burrell at MG Burrell Wills & Probate acts for:

  • claimants i.e. those making a claim against the estate

  • executors or administrators who must defend a claim.

Malcolm seeks effective and efficient outcomes in estate disputes.

The most common form of Will challenges are Part IV claims. The name refers to Part IV of the Administration and Probate Act 1958 in Victoria. They are also commonly referred to as Family Provisions Claims and Testator Family Maintenance Claims.

If you have been:

  • excluded from; or

  • inadequately provided for by;


The Will of a person who owed a moral obligation to provide for you then you may be able to ask the Court to make provision, or additional provision, for your proper maintenance and support.

Such applications involve a Court process and you are strongly urged to seek Malcolm’s advice before making such applications or having to defend a claim on behalf of the estate.

Malcolm has extensive experience in helping client’s:

  • make Part IV applications
  • defending Part IV claims on behalf of executors
  • acting for beneficiaries

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