When and how to update your Will At Rigoli Lawyers we generally recommend that you update your Will at least every 10 years and at least review every 5 years. We anticipate that within every 10 years, your life will have undergone a large number of...

The importance of having an up to date will As everyone’s lives get busier and busier (not to mention facing major events), one thing people often put off is making a will. A will is an important legal document that allows you to plan for your family’s...

Rights of Beneficiaries of a Will in Victoria Who is a beneficiary of a deceased estate? A beneficiary is a person or organisation with an entitlement from a will. However, for the named person/organisation to benefit, both the will and the written bequest must be valid. It...

Caveat on Deceased estates Can you lodge a caveat on a deceased’s property after probate has been granted? The purpose of a property caveat is to prevent dealings with a property in dispute.  But it must be founded on legal grounds. A person contesting the Will and seeking...

Inheriting debts with assets When someone inherits assets but there is debt attached to it we are often asked are beneficiaries responsible for debts left by the deceased? Do you inherit the debt attached to the asset you are getting from a will? Generally speaking, in Australia,  lenders...

We often hear of solicitors refusing to let family members see a Will after a loved one has passed away. What do you do when polite requests fail? The first step is to persuade them that you have a RIGHT to see the Will by alerting...

What is a grant of probate? A grant of probate deals with the assets and liabilities of the deceased.  But executors and administrators also have duties and rights concerning the deceased's causes of death and body disposal.   The deceased Cause of death- suing for damages and/or defending will...

What is probate of a will in Victoria?   These are the most common enquiries we receive about Probate: What is Probate? Do I need a grant of probate? What happens If I'm the executor and I can’t afford the funeral expenses? Am I capable of...

Prices for wills these days vary these days-from a couple hundred dollars for the usual basic husband and wife type of will where the asset structure is simple- to thousands where a testamentary trust is required due to complex nature of the will and greater...

What are the grounds for challenging a will? Family members, dependents and beneficiaries named in a will may distrust the will’s validity, alleging that it should not stand as the testator’s last will. To challenge a will an applicant requires ‘standing’, which essentially means they must...

Can my stepchildren contest my will? Under Victorian Law there are limitations to the types of persons that can contest wills. These days with the increasing divorce rates there are more and more "blended" families and hence stepchildren. Does a stepchild have standing to challenge a...