When a loved one passes away and the distribution of their estate is about to take place as per their Will, you may feel that you have not been adequately provided for. In Victoria, there are legal avenues available for eligible individuals to make a claim against a deceased’s estate. At Littlejohn Legal, we have the experience and expertise to guide you through this process and help you achieve a fair outcome.

Who Can Make a Claim?

In Victoria, certain individuals may be eligible to make a claim against a deceased’s estate if they believe they have not received adequate provision. As per the Victorian Laws, eligible claimants include:

• Spouses (married & defacto) or domestic partners of the deceased
• Children (including adult children)
• Stepchildren or adopted children
• Former spouses or partners in some circumstances
• Individuals who were financially dependent on the deceased

If you are unsure about your eligibility, Littlejohn Legal can assess your situation and advise you on your rights and prospects.

When Should a Claim Be Made?

In Victoria, there are strict time limits for making a claim against an estate. Generally, a claim must be lodged within six months from the date of the grant of probate or letters of administration. Extension of time to make a claim against the deceased’s estate may be possible in limited circumstances, but it is always best to act promptly. Littlejohn Legal can ensure your claim is made within the required timeframe and help you avoid unnecessary delays.

How to Make a Claim

The process for making a claim involves several key steps:

1. Seek Legal Advice: Understanding your rights and the strength of your claim is essential. Littlejohn Legal offers clear, practical advice tailored to your circumstances.
2. Lodge a Family Provision Application: A claim can be lodged against the deceased estate in either the County Court of Victoria or in the Supreme Court of Victoria. Our team can prepare and file all necessary documents on your behalf.
3. Provide Supporting Evidence: You will need to demonstrate your relationship to the deceased, your financial needs, and why the provision made (or not made) for you is inadequate. We can help you gather and present the strongest possible evidence.
4. Participate in Mediation: Most of the claims are resolved through negotiation or mediation before reaching a court hearing. Littlejohn Legal is skilled in both negotiation and litigation, ensuring your interests are protected at every stage.

What Does the Court Consider?

When assessing a claim, the court will take into account a range of factors, including:

• The nature of your relationship with the deceased
• The size and nature of the estate
• Your financial position and needs
• The financial needs of other beneficiaries
• Any contributions you made to the deceased’s welfare or estate
• Any obligations or responsibilities the deceased had towards you

Littlejohn Legal can help you understand how these factors apply to your case and develop a strategy to maximise your chances of success.

Why Choose Littlejohn Legal?

Contesting a Will or making a claim against a deceased’s estate can be a complex and emotional process. At Littlejohn Legal, we combine legal expertise with a compassionate approach, guiding you every step of the way. We are committed to achieving the best possible outcome for our clients, whether through negotiation, mediation, or court proceedings.

If you believe you have not been adequately provided for, contact Littlejohn Legal today to arrange a confidential consultation and explore your options.

Banhi Banerjee

Banhi is an experienced Wills and Estate Lawyer. She started her legal career in India in 2001 as counsel and qualified in Australia in 2014. Banhi worked in several law firms across NSW and Victoria, including a national litigation firm specialising in estate laws across Australia. Banhi joined Littlejohn Legal in September 2025. Banhi is friendly and approachable. She values long-term client relationship building and community connections. She takes time to listen to her client’s needs with empathy and compassion and provides all-around legal advice to solve their problems. Banhi actively participates in various community activities to increase legal awareness in society. She is regularly invited to radio programmes and podcasts to answer questions on various legal issues involving Estate Planning and Family law. She is a member of various multicultural associations in Victoria. She also works with domestic violence support groups. Banhi is fluent in English, Bengali and Hindi.