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Probate, Administration & Estate Litigation

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Expert guidance in estate litigation

With almost 100 years of experience in probate, estate administration and contested Wills, at Mahons we have a long history of helping Melbourne families through some of life’s most challenging legal processes. Whether you’re managing an estate as an executor, responding to a family provision claim, or resolving a Will dispute, we provide clear, practical advice to protect your rights and honour the wishes of the deceased.

More than just legal specialists, we’re trusted advocates during difficult times. From obtaining letters of administration to mediating contentious estate disputes, we handle each case with care, compassion and expertise. We minimise your stress and maximise your peace of mind by simplifying complex legal processes and working towards fair outcomes.

Our values

Bringing clarity to complexity

We know estate litigation can feel overwhelming, so we work hard to clear the air and outline your options. We replace legalese with easy to understand language, so you can trade confusion for confidence.

A century of experience

We’ve been practicing law in Melbourne since 1929. Over that time we’ve supported endless individuals and families through changes, challenges and growth. We’ve stood the test of time by earning the trust of our clientele.

A distinctly human approach

We combine legal expertise with a human touch. Our probate, administration and estate litigation lawyers ensure you feel heard, understood and supported, and guide you with consistency and care.

Estate specialists

Probate, letters of administration, executor services, Will disputes and mediation; whatever your legal need or situation, we’ll provide practical, compassionate advice shaped by decades of experience.

Clear communication

We prioritise prompt, clear and considered responses. Per our communication policy, we’ll acknowledge your email or call within 24 hours, so you stay informed and in control at every stage of the process.

Our values
Bringing clarity to complexity

We’ve been practicing law in Melbourne since 1929. Over that time we’ve supported endless individuals and families through changes, challenges and growth. We’ve stood the test of time by earning the trust of our clientele.

A century of experience

We combine legal expertise with a human touch. Our probate, administration and estate litigation lawyers ensure you feel heard, understood and supported, and guide you with consistency and care.

A distinctly human approach

Probate, letters of administration, executor services, Will disputes and mediation; whatever your legal need or situation, we’ll provide practical, compassionate advice shaped by decades of experience.

Estate specialists

We prioritise prompt, clear and considered responses. Per our communication policy, we’ll acknowledge your email or call within 24 hours, so you stay informed and in control at every stage of the process.

Clear communication

We prioritise prompt, clear and considered responses. Per our communication policy, we’ll acknowledge your email or call within 24 hours, so you stay informed and in control at every stage of the process.

Our approach to estate litigation

What makes us different? We understand that estate matters extend beyond the law. They're deeply personal and often emotional chapters in your family's story – situations that deserve the finest legal expertise, and genuine compassion too.

We've delivered exactly that to generations of Melbourne families, navigating probate applications, serving as executor, facing contested Wills and mediating family provision claims. We pride ourselves on delivering clear-eyed guidance wrapped in a layer of care and understanding, so you can make informed decisions in challenging times.

From obtaining letters of administration to resolving complex estate litigation, we take time to understand your unique circumstances. We’ll explain your options clearly, and guide you step-by-step to the best possible outcome, whatever that looks like for you.

We bring deep knowledge and experience in every aspect of estate law
Family provision claims

If you feel as though you’ve been unfairly left out of a will, or that you haven’t received your fair share, you may be eligible to make a family provision claim under Victorian law. At Mahons, we help you navigate the family provision claim process, assessing your entitlements and pursuing subsequent claims with sensitivity and care. We focus on resolving matters efficiently, ideally through negotiation, but our expert estate lawyers are also ready to provide strong representation in court if needed. We bring a strategic but deeply compassionate approach to delicate matters – we aim to achieve a fair outcome without adding to the emotional and financial toll of an already difficult time.

Probate application services

Applying for probate confirms the will is valid and gives the executor legal authority to manage the deceased’s estate. At Mahons we walk side-by-side with executors through the entire process, preparing and filing all the necessary documents. Our aim: to make a complex and unfamiliar task feel transparent and manageable, and to ensure every step is handled properly and promptly. With a long history of Victorian probate experience, our estate team brings an ideal combination of expertise, efficiency, understanding and attention to detail.

Letters of administration

When someone dies without a valid will, you’ll usually need to apply for letters of administration in order to manage their estate. While this process can be more complicated than probate, our experienced team is here to help. We alert and advise next of kin or eligible relatives of their rights and responsibilities, and we prepare and lodge all the necessary documents with the court. We offer clear guidance at every stage of the process, and tailor our support to your circumstances.

Executor services

The duties of an executor of a will in Victoria include organising the funeral, paying off debts and distributing assets. But while the responsibility is significant, being named an executor doesn’t need to feel overwhelming. At Mahons we’ve built a reputation for providing trusted executor legal advice and support, helping you understand your duties and manage the estate in line with the will and the law. We’re here to provide as much assistance as you need, from answering basic questions to handling the full administration process on your behalf. We ease the burden, and ensure the process is completed correctly, efficiently and respectfully.

Deceased estate administration

As experienced estate administration solicitors, the Mahons Lawyers estate team is here to provide you with caring and compassionate support through the task of administering a deceased estate. During what is often a challenging time, we’ll help you to distribute assets and handle all legal and financial matters. We walk side-by-side with you through the entire process, from applying for probate or letters of administration, to managing liabilities and finalising distributions, Our tailored support will make the most complex estate administration feel clear and manageable.

Contesting a Will

If you feel as though a will is invalid, or doesn’t appropriately reflect the true intentions of the deceased, you have the option to contest. It’s no small step, but with the support of our experienced team, the process becomes far less daunting. We can guide you on all contested will matters: who can contest a will, the reasons to contest a will, and how to contest a will. Grounds for contesting can include lack of capacity, undue influence or improper execution. Whatever your situation, we’ll assess and explain your options, before pursuing your claim with care, skill and discretion.

Will disputes & mediation

Will disputes can create lasting family divisions. At Mahons we help you to avoid that fate by resolving issues early through negotiation and mediation. Whether you’re an executor dealing with a challenge to the will, or a beneficiary with concerns about your share, we provide calm, compassionate, practical guidance and a clear path forward. We work to minimise stress, litigation and expense, while protecting your rights and preserving relationships wherever possible.

Our seamless process

1.
We understand your needs
We start by gaining a deep understanding of your circumstances. Whether you require executor services, deceased estate administration or Will mediation, we listen carefully, then tailor advice to your needs.
2.
We prepare the documentation
Once we’ve established a path forward based on your needs and desires, we carefully prepare all legal documents – probate applications, letters of administration – so you can move forward with total confidence.
3.
We offer ongoing support
We stay by your side through the entire process: handling paperwork, guiding you through litigation, and ensuring everything is managed with kindness, honesty, understanding and the utmost care.
Testimonial
“Mahons with Yuncken & Yuncken are consummate professionals in all matters legal, whose reputation exceeded all of our expectations. Director, Thomas Mahon, is thoughtful, kind, extremely fair, and highly in tune with the needs' of his clients, of which we are the grateful one of many. Tom has made a conveyancing process, and also a settlement of an Estate, both seamless; with the highest degree of emotional intelligence, and impeccable legal insight. We are most grateful, and have no hesitation in recommending Tom, and his company's legal services, as a first point of legal call. Thank you Tom, and Mahons.” - Kim Barnfather

Frequently asked questions

What’s involved in probate, and can you assist?

Probate is the legal process of validating a Will, and gives the named executor the authority to manage the estate. In Victoria, probate is generally required if the deceased owned significant assets in their sole name. Without probate, many institutions won’t release or transfer assets to beneficiaries. We’ve assisted generations of families with this process: we manage the paperwork and court filings on your behalf, and support executors in administering the estate correctly, efficiently and in accordance with Victorian law.

How do I apply for a grant of probate or letters of administration?

To apply for a grant of probate you must file the appropriate documents with the Supreme Court of Victoria, including details about the deceased’s estate and, where applicable, the original Will. If there’s no valid Will, you apply for letters of administration instead. At Mahons our experienced team Will guide you through every step – from preparing affidavits to lodging the application – to ensure the process runs smoothly and is completed efficiently.

Can I challenge a Will if I feel I’ve been unfairly left out?

Yes, in Victoria you may be able to challenge a Will by making a family provision claim. Eligible applicants include spouses, children and other close dependants. Our estate experts Will assess your circumstances and explain your rights, and if you choose to move forward with your challenge, we’ll guide you through the entire process, including any necessary negotiation, mediation or court action, and ensure you have the information you need to make confident decisions throughout.

What if someone is contesting a Will?

If a Will is being contested, the role of an executor is to remain neutral and ensure the estate is managed in accordance with Victorian law. It’s your responsibility to respond to any legal claims, and potentially defend the estate’s position. At Mahons we guide executors through this process, working to resolve disputes efficiently while protecting the estate. We also bring extensive experience in challenging Wills, providing strategic advice on the best course of action, and doing so with care, compassion and kindness during what can be a challenging and emotional time.

What happens if someone dies without a Will?

When a person dies without a valid Will, legally referred to as ‘intestate’, their estate is distributed according to a legal formula set out in the Administration and Probate Act. This may not reflect the deceased’s desires or intentions. In order to manage the estate, a next of kin or eligible relative must apply for letters of administration. If you need to undertake this process, our experienced team Will offer the clear advice and practical support you need to navigate it successfully.

How long does the probate or estate administration process take?

The timeframe for the probate process can vary, but generally the Supreme Court Will process the application within a month, assuming all documentation is complete and correct, which our expert team Will ensure. Full estate administration, meanwhile, may take several months. At Mahons we provide realistic timelines, and ensure that you’re kept abreast of any updates, changes or delays. Our aim is to finalise the estate as efficiently as possible, and with minimal fuss.