Welcome to Hentys, Experts in Contesting a Will!

If you have been left out of a Will or you feel that a Will doesn’t fairly provide for you, you’re in the right place to get the information and answers you need for contesting a Will.

Leading the team we have ready to help you is Richard Cudlipp, a Partner and Director at Hentys, practicing in Will Disputes and Contested Estates. With over 25 years experience, Richard is an industry expert with unrivalled knowledge in the field.

HENTYS LAWYERS: SPECIALISTS IN CONTESTING A WILL

At Hentys, we understand that the death of someone close to you is a testing time, and contesting a Will can make things even more difficult. But if you believe you’re entitled to more from a Deceased Estate, we may be able to help. With strong links to specialist Will contesting barristers, you can rest assured your matter is in the best hands.

The team at Hentys are committed to the interests of our clients and we will guide and represent you throughout the entire process. We know that you need prompt answers to your important questions, and as such, we endeavour to ensure:

• You will receive complete and accurate advice from your lawyer
• Your lawyer will answer your questions in plain language
• Your lawyer will keep you informed of your options at every stage of contesting a Will

CONTESTING A WILL: WHAT WILL IT COST?

In your initial consultation, your lawyer will detail the general merits of the case. If they consider that the claim does not have merit, they will let you know straight away so that you can make your own decision about whether to proceed.

If you do decide to pursue the claim, you will be provided with an initial estimate of legal costs in accordance with legislation. In all estate matters, Hentys will act on a no win, no fee basis, and as part of any settlement process, with a successful claim, costs will be paid out of the estate proceeds so that you will not incur any out of pocket expenses.

WILL I END UP IN COURT BY CONTESTING A WILL?

If you are considering contesting a Will, it’s important to remember that each case is subject to a court appointed mediation. In the last 5 years, Hentys Layers have not experienced a single estate dispute claim that has proceeded to a trial.

Even though the law recognises a person’s right to choose who will inherit his or her property, there are often very good reasons why a person should be contesting a Will. Whatever your reasons may be, Hentys Lawyers will represent you throughout the process. We can get you the information and answers you need.

If you have any queries or require further information or advice, please don’t hesitate to get in touch; our experienced team is available and keen to assist you further.

Melbourne’s Will Contesting Specialists

What does it mean to contest a Will?

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. In Melbourne, Victoria these claims are also commonly referred to as Part IV claims or Testator Family Maintenance (TFM) claims.

So, if you feel ‘hard done by’ as a result of the deceased…these are the proceedings in Melbourne, Victoria you would launch so to receive a share, or larger share of the deceased’s estate, so long as the Estate is located in Melbourne, or anywhere else in Victoria.

Elements of a Family Provision Claim

Step 1: Determine that you are a part of an ‘eligible class of person’ to launch a family provision claim. This is an exhaustive list and is provided for in s 91(2)(b) of the Administration and Probate Act 1958 (Vic).

Eligible people include

1. Spouse or domestic partner at the time of death;
2. Child of the deceased (including adopted or step child, or someone who believed the deceased to be their parent and was treated as such)
3. A registered caring partner
4. A grandchild
5. A person who was (and was likely to be in the near future) a member of the deceased’s household.

Step 2: Prove that the deceased had a moral duty to provide for your proper maintenance and support.[1] E.g. you were maintained by them at some point in time. (Note: To launch a proceeding under the Administration and Probate Act 1958 (Vic), the maintenance does not have had to occur in Melbourne, Victoria or even anywhere in Australia).

Step 3: Prove that the distribution of the deceased’s estate as set out in the Will, or pursuant to the rules of intestacy, fails to make adequate provision for your proper maintenance and support.[2]

Is there a cut off?
In Melbourne, Victoria you have strictly 6 months from the date that a grant of Probate is made to contest a Will. The law can be harsh in the sense that often ‘out of time’ is synonymous with being ‘out of luck’ – although in some exceptional circumstances an extension of time will be granted.

We know that the first step can be the hardest. However, if you think that you are entitled to more from a Will or Melbourne based Estate, considering the time constraints, it is important to get in touch with Hentys Lawyers as soon as possible.

Based in the heart of Melbourne, we are easily accessible, making our free initial consultation just that much more convenient. Ultimately, at Hentys, we are committed to delivering the best solutions to each of our clients and look forward to achieving the best possible outcome for you and your family.

[1] Administration and Probate Act 1958 (Vic) s 91(2)(c)

[2] Ibid s 91(2)(d)