The fight you never expected to be in.
The Commercial Problem: When Legacy Becomes A Battleground
High-stakes estate litigation and contested wills, based in Melbourne and protecting family legacies nationwide.
A contested estate is one of the most destabilising experiences a family can face. The grief is real, the stakes are financial, and the decisions made in the first weeks can determine the outcome entirely.
For executors defending an estate or beneficiaries seeking their rightful entitlement, a contested estate can put corporate structures, trust arrangements and multi-generational wealth directly in the line of fire. Without a tactically precise legal strategy, estate litigation becomes exactly what you feared: a slow, exhausting fight where the estate’s underlying wealth is quietly consumed by court costs and ongoing court delays.
At Conlan Cummings Lawyers, we step in as the heavyweight you need. Specialist estate litigators who appear regularly in the Supreme Court of Victoria and bring the kind of commercial rigour and strategic precision that high-value disputes demand. We fight hard and strategically, delivering the straight-talking counsel of a team that genuinely understands what you are going through.
Our technical capabilities: high-stakes litigation frameworks
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Under Part IV of the Administration and Probate Act 1958 (Vic), family members who have been unfairly left out or left without adequate provision have a legal right to seek support. But the structural threshold is exacting, and the clock starts ticking the moment probate is granted.
We walk beside clients on both sides of these deeply personal disputes:
For Executors & Defendants: We build an ironclad defence against opportunistic claims, protecting your loved one's true wishes from being dismantled by those without a legitimate entitlement.
For Claimants & Beneficiaries: We look past complex corporate curtains and trust layers to uncover the true value of the estate, ensuring your rightful place in the family legacy is recognised.
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A will signed under heavy pressure, or by someone facing significant cognitive decline who didn't fully understand what they were signing, is heartbreaking. It can - and should - be set aside.
For a will to be legally binding, the person making it must possess the clear mental capacity required by law. The historical common law standard established in The Rule in Banks v Goodfellow guides how courts assess this capacity. Where there are valid reasons to believe this standard wasn’t met, we step in to uncover the truth.
Deep Evidentiary Reviews: We gently gather and forensically analyse medical records, legal files, and contemporaneous notes to reconstruct a clear picture of your loved one's mindset at the time of signing.
Exposing Undue Influence and Fraud: If someone took unfair advantage of a vulnerable family member through pressure or deception, we help you bring those actions to light. Conversely, if a groundless challenge is launched out of spite, we move quickly to dismantle it.
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In estate disputes, timing isn’t just important - it is everything. Once a grant of probate is issued, assets can be rapidly sold, transferred, or distributed, making them exponentially harder to recover.
If you have serious concerns about the validity of a will or the suitability of an executor, waiting to see what happens is a dangerous risk.
The Reality: Hope is a beautiful thing, but it isn't a legal strategy.
To protect the people you love and keep the peace, we design Multi-Layered Capital Ring-Fencing frameworks:
Freezing the Status Quo: We act immediately by filing an urgent probate caveat in the Supreme Court of Victoria. This simple document stops the administration of the estate in its tracks, protecting the assets while we secure the facts.
Preserving Trust & Company Assets: Where assets inside family trusts or private companies are actively mismanaged, we seek urgent interlocutory injunctions from the court to freeze funds and hold everything steady until a final decision is reached.
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Not every estate conflict takes place inside a will. For high-value families, the most significant assets often sit completely outside the estate - held within discretionary family trusts, unit trusts, or Self-Managed Superannuation Funds (SMSFs).
Equitable Rights and Fiduciary Protection: If an executor or trustee is hiding accounts, mismanaging property, or quietly looking after their own interests instead of the beneficiaries, they aren't just letting you down - they are breaking the law.
Court-Ordered Executor Removal: We initiate decisive removal applications in the Supreme Court of Victoria to have untrustworthy executors or trustees replaced with independent, professional administrators who will treat you fairly and transparently.
The Conlan Cummings Lawyers Edge: The Coolest Heads In The Courtroom
Many firms are misaligned with the client’s needs in one of two ways. General practice firms often lack the commercial literacy that high-value estate litigation demands. Top-tier CBD firms have the expertise, but carry an inner-city overhead and procedural complexity that can quietly erode the estate before the matter is ever resolved.
At Conlan Cummings Lawyers, we have built our practice around avoiding both of these common issues. We bring the technical precision of a Supreme Court specialist to every matter. We have the expertise and ability to read corporate accounts, dismantle trust structures and go toe-to-toe with tier-1 litigators.
We advise you with unflinching honesty and execute with one purpose: to protect the core wealth from being consumed by the litigation itself. Whether that means aggressive mediation or a full trial, the strategy is always designed to win. We fight hard. We settle smart. And we never lose sight of what we’re here to protect.
Find Your Way Forward
Family conflict is exhausting, and waiting for an estate dispute to resolve itself usually only deepens the divide - and increases the cost.
Whether you are facing unfair exclusion or carry the heavy burden of defending a loved one's true wishes against an opportunistic claim, you need a steady, precise strategy right now.
You don't have to carry this burden alone. Contact Conlan Cummings Lawyers today to arrange a confidential discussion with a senior estate specialist. Let's look closely at the facts, protect the core wealth, and find a clear, decisive pathway to a resolution.