Planning for peace:Avoiding Will disputes after you’re gone

DISPUTES after the death of a loved one are something most people hope to avoid. Yet, the contents of a Will can sometimes raise more questions than they answer.

In recent years, Geelong, the Surf Coast and surrounding areas have seen a noticeable rise in family provision claims, where relatives challenge the fairness of a Will.

Whether it’s an adult child left out entirely or a new partner feeling short-changed, these disputes can become emotional, expensive, and complex.

Who can contest a Will?

Under the Administration and Probate Act 1958 (VIC), certain people — such as spouses, children, stepchildren, and sometimes even carers — can apply to the court for a family provision order if they believe they haven’t been adequately provided for.

But eligibility is just the first hurdle. The court must also be convinced that the deceased had a moral duty to provide for the applicant and failed to do so.

Recent case: Rimbas v Paganis [2025] VSC 323

This recent Victorian case highlights how these disputes play out.

When Dimitrios Rimbas died without a Will, his estate was set to be divided equally between his two daughters. But one daughter, Maria, argued that she deserved the entire estate because she had lived in the family home and cared for her father.

The court ultimately ruled that equal distribution was fair, reminding us that emotional arguments alone are not enough — there must be clear evidence of need and moral obligation.

Recent case: Roper v Roper [2024] VSC 249

Sheila Roper died, leaving her seven adult children and a Will reflecting that she wished for her estate to be divided equally between them.

Her son, Daniel, argued that he deserved more from the estate, as following an injury, he had been living rent free in the family home and was financially dependent on his mother.

While the court did not accept that Daniel was disabled based on the evidence, they did accept that by living rent free, he was financially dependent on Sheila.

Accordingly, the equal provision of her estate did not make adequate provision to ensure Daniel did not become homeless.

The court ordered that Daniel should receive a small flat to avoid homelessness and a relatively modest lump sum of around $150,000.

Roper v Roper shows that even by providing equally for her children, Sheila’s Will could be challenged.

Spousal claims

While adult children often make headlines, surviving spouses are still the most successful claimants.

Courts generally recognise a strong moral duty to ensure a partner is left with enough to maintain their lifestyle, especially if they were financially dependent.

In some cases, this includes the right to sell the family home or access funds for future care.

The process

A Testator Family Maintenance Claim under the Administration and Probate Act 1958 (VIC) must be made within six months of the Grant of Probate.

Disputes are often resolved by agreement between the parties and rarely end in court, with mediation a requirement of the court.

Key takeaways

If you are preparing your Will: seek legal advice. This way you can be advised of any potential risks of claims, clearly explain your decisions and potentially reduce the risk of disputes.

If you are considering contesting a Will: act quickly and get legal advice, as strict time limits apply.

For more information contact the team at Coulter Legal on 03 5273 5273 or visit coulterlegal.com.au

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