• Commercial Law

    Commercial Law

    We are business people as much as we are lawyers. We will take care of the legal documents so you can confidently run your business.
    As your business grows, its risk profile and governance challenges will change. We partner with our clients over the long term to ensure they are in the driver’s seat for success.

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  • Dispute Resolution

    Dispute Resolution

    We are in your corner when the going gets tough. Having resolved over 6,500 disputes for business owners have seen it all before.

    Whether you need a skilled negotiator or a fearless litigator, we specialise in delivering commercial results when:

    Customers refuse to pay;
    Suppliers let you down; and
    Business Partners do the wrong thing.

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  • Employment & Safety

    Employment & Safety

    The biggest challenge for any business owner, is managing their employees.

    A difficult employee can make you question why you got into business in the first place and be toxic to your team morale.

    We deliver proactive solutions to manage your team via employment contracts, policies and procedures as well as handling employment disputes when they arise.

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  • Property & Construction

    Property & Construction

    Property is the key most wealth in Australia.  Whether you are buying, selling, leasing or developing property, you need a lawyer you can count on.

    We can advise on the whole property development process from obtaining finance to development approvals, construction and sale or leasing.

    We also act for the Master Builders Victoria and have extensive expertise in construction contracts and disputes.

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  • Family Law

    Family Law

    At Taurus Legal Management we understand the unique challenges clients encounter during family disputes, especially when children are involved. Our family lawyers specialise in handling high-asset cases with a focus on protecting clients wealth, securing their family’s future, and safeguarding the best interests of their children.

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  • Wills and Estates

    Wills and Estates

    At Taurus Legal Management, we understand the importance of planning for you and your family’s future.

    Our experienced team are dedicated to providing comprehensive wills and estates services, to ensure that your wishes are respected, and your loved ones are protected.

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ENQUIRE

If you have been left out of a will and believe you should have been included, you may have the option to contest the will or make a claim for provision from the estate. In Victoria, this is typically done through a family provision claim under the Administration and Probate Act 1958 (Vic). Here are the steps you can take:

  1. Determine Eligibility: First, determine if you are eligible to make a claim. Eligible persons generally include spouses, domestic partners, children, stepchildren, and sometimes grandchildren or other dependants who were financially supported by the deceased.
  2. Seek Legal Advice: It is important to seek legal advice to understand your rights and the likelihood of a successful claim. A lawyer can help you assess the merits of your case and guide you through the process.
  3. File a Claim: If you decide to proceed, you will need to file a claim in the Supreme Court of Victoria. This must typically be done within six months from the date of the grant of probate or letters of administration. The court has the discretion to allow claims outside this period in certain circumstances.
  4. Prepare Your Case: You will need to provide evidence to support your claim, such as your financial needs, the nature of your relationship with the deceased, and any contributions you made to the deceased’s estate or welfare.
  5. Mediation and Court Proceedings: Many claims are resolved through mediation, where parties attempt to reach a settlement without going to trial. If mediation is unsuccessful, the case may proceed to a court hearing where a judge will make a decision.
  6. Consider Alternative Dispute Resolution: Before proceeding to court, consider alternative dispute resolution methods, such as negotiation or mediation, which can be less costly and time-consuming.

Contesting a will can be a complex and emotional process, so it is crucial to have professional legal support to navigate the legal system effectively.

If you have a potential dispute you wish to discuss, contact our experienced wills and estate team today on (03) 9481 2000 or info@tauruslawyers.com.au

Posted by Taurus Legal Management