No Win No Fee Estate Lawyers
Contact Us for Your FREE Initial Consultation
No Win No Fee Estate Lawyers
Contact Us for Your FREE Initial Consultation
In all estate matters Hentys Lawyers are prepared to act on a No Win No Fee basis
We assess your situation so you know the best approach to take.
We’ve dealt with hundreds of disputes, and over 95% have been settled out of Court
We assess your situation so you know the best approach to take.
We’ll keep you informed and involved at every step of your Will Dispute case
We assess your situation so you know the best approach to take.
Unless there are legitimate reasons, Victorian courts are unlikely to change a valid Will. Challenging a Will in Victoria is therefore only possible under certain circumstances.
With many years experience in the sector, the lawyers at Hentys have handled several will dispute cases and are best placed to assist you in challenging a Will. If you are considering challenging a Will the following information may be of use to you.
At Hentys, we understand that the death of someone close to you is a testing time, and challenging their Will can make things even more difficult. However that should not stop you from pursuing what’s fair. We’re here to help you get what you are entitled to from an estate.
We are committed to the interests of our clients and we will guide and represent you throughout the entire process. The team at Hentys has worked on numerous contested Estate cases and as such, we know how to offer adequate advice and support at all times.
Richard Cudlipp leads the Wills & Estates team. Richard is a Partner and Director at Hentys Lawyers, and has over 25 years of experience practicing in Will Disputes (link to Will Disputes). An industry expert with unrivalled knowledge in the field, Richard will ensure his team strives to reach a satisfactory outcome for your case.
In Victoria there are strict time restrictions for challenging a will. If you feel that you have been treated unfairly, it’s important to act quickly as Estate funds can sometimes be sold, transferred or spent and you may end up having no assets or funds to claim upon.
If you believe you have been inadequately provided for in a will, your first step is to contact the team at Hentys Lawyers today. During your free initial consultation, we will talk you through the entire process and if you choose to engage with our Melbourne based team, we will ensure that you are feeling comfortable and informed from beginning to end of your case.
First, we will determine whether you are eligible to make a claim, and ensure that the application is made within the imposed time limits. We will also help determine whether the basic conditions have been met to proceed with your case. Once we have determined this, we can then launch proceedings.
Don’t hesitate to make an enquiry, we offer free initial advice and are prepared to act on a No Win No Fee bases. You have nothing to lose!
For more information, see our Challenging a Will FAQs.
In Melbourne, the most common reasons as to why a Will challenge will occur is because:
If you are considering challenging a Will, it’s important to note that in Victoria your application must be made:
In certain cases the Court may give an extension to this time so long as the estate has not been completely administrated. This extension however is not a guarantee.
You may be eligible to challenge a Will if your relationship with the deceased falls under the following categories:
When determining whether or not a will is valid, the Court will consider the following questions:
If the will-maker was assisted in drawing up the will by someone who stands to gain a great deal from it, that person may have to prove to the court that there was no pressure, force or fear involved in the making of the will.
It’s important to note that flattery and persuasion is not unlawful and as such the court will not overturn a Will unless it considers undue influence has occurred. ‘Undue Influence’ means that the will-maker’s mind was coerced to an extent that the resulting will was contrary to the will-maker’s real intentions.
A person challenging a will by claiming that undue influence was involved must prove the fact with full details and supporting evidence. It is not a claim that should be brought lightly.
A Will can be challenged in the event that adequate provision has not been made for certain defined eligible persons, whether or not there was a will and whether or not the eligible person was mentioned in it.
The Court is likely to order a compulsory mediation session before any hearing unless there are special reasons such as the risk of violence.
At Hentys Lawyers, we understand that challenging a Will can be a confusing process, made all the more difficult due to the emotional circumstances. As a client of Hentys, we are committed to helping you make sense of the legalities of your case and assist you in lodging your claim within the imposed time restrictions.
Contesting a Will and challenging a Will are two very different things. Contesting a Will is when you have been left out of Will, or feel you have been treated unfairly by the Testator within their Will. Therefore you launch a family provision claim.
To challenge a Will is to dispute a Will, or to say that the Will itself should be struck out. These types of cases usually arise when the person who made the Will was suffering from a mentally degenerating disease, or they were put under pressure to change their Will.
Fraud, Forgery and Undue Influence
Insufficient or Inappropriate Witnesses
An Unsigned Will