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Jason Falzon

Jason Falzon, Senior Lawyer

We had a good experience with Elvin Lawyers – Jason was a very thorough and thoughtful lawyer.

Jason Falzon

Jason practises in Wills & Estates and Property Law.

He is a senior lawyer with over 7 years’ experience advising on Wills, Estates and Property law matters and appearing in most courts and tribunals in Victoria. He is an experienced negotiator who provides clear advice and works exceptionally hard to get results.

He was admitted to legal practice in 2014, having completed his Bachelor of Laws with second class honors from Deakin University in 2013. Before joining the team at Elvin Lawyers, Jason was an in-house Counsel lawyer for State Trustees for 3 years, gaining extensive experience in estate planning, testator family maintenance claims (claims against the estate) and Court litigation.

Before State Trustees, Jason worked as a lawyer in a busy firm gaining knowledge in various areas of law including family, property, contract, commercial and civil law. Such experience continues to be invaluable to Jason when determining how best to assist his clients.

In his spare time, Jason is determined to pull a perfect espresso shot and is a passionate supporter of Fiorentina in Serie A football (soccer).

Practice areas

Jason has:

  1. brought claims by adult children for a greater share of the estate; and
  2. acted for an executor to defend claims by adult children for a greater share of the estate; and
    brought and defended legal proceedings to determine the capacity of a willmaker and to determine the validity of a will; and
    brought legal proceedings to recover estate property; and
  3. acted for attorneys in elder abuse matters; and
    acted in Administration and Guardianship cases in VCAT. 
Jason also assists clients to plan and administer estates, including:
  1. providing Estate planning advice with consideration given to tax minimization and asset protection; and
  2. preparing Wills; and
  3. preparing Powers of Attorney; and
  4. preparing Appointment of Medical Treatment Decision Maker documents; and
  5. preparing and filing Probate applications; and
  6. preparing and filing application for Letters of Administration.

Case highlights

 

 

In the absence of clear and satisfactory proof, the court cannot be satisfied that the deceased knew and approved of the contents of the Will.” – Judge McMillan, 17 May 2021

  1. In a 2022 VCAT case VNH (Guardianship) [2022] VCAT 379  Elvin Lawyers relied on expert neuropsychological evidence to persuade the Tribunal to overturn a 2021 Power of Attorney and instead uphold a 2017 Power of Attorney made by Elvin Lawyers’ client.
  2. In a 2022 Supreme Court case Elvin Lawyers won an appeal, overturning an earlier Magistrates’ Court judgment regarding breaches of Overarching Obligations.
  3. In a 2021 Supreme Court case, Elvin Lawyers and a barrister persuaded the Court to overturn a deceased’s Will. This ruling meant that Elvin Lawyers’ client received considerably more from the deceased estate.
  4. In a 2021 Supreme Court case Elvin Lawyers made a hard fought and complex application to dismiss a Court proceeding for ‘abuse of process’. Unfortunately that application was not successful and that proceeding is continuing.
  5. In a 2020 Supreme Court case Elvin Lawyers successfully defended a summary judgment application.
  6. In a 2020 County Court case, Elvin Lawyers persuaded the Court to dismiss the case against their client.
  7. In a 2019 VCAT case, Elvin Lawyers persuaded the Tribunal to revoke the administration order previously placed on their client. 
  8. In a 2019 (unreported judgment) Magistrates’ Court proceeding, Elvin Lawyers successfully defended a summary judgment application against their client.
  9. In a 2018 case, Elvin Lawyers with Counsel persuaded the Tribunal to order the other parties return valuable tools and machinery to Elvin Lawyers’ client.