Estate Disputes Victoria

In order to challenge or dispute will you need to meet stringent criteria. At Hentys Lawyers, we are experienced at discerning cases with merit and helping you bring your case forward.

If you are looking to establish an Estate Dispute in Victoria, refer below for some more information.

ESTATE DISPUTES: WORKING WITH HENTYS

Our team of estate litigation lawyers have over 40 years of experience handling Estate Disputes in Victoria. Our experience and expertise allows us to quickly establish if you are entitled to the clam you are making, as well as give you an accurate idea of what the outcome might be.

• We determine if your claim is valid
• We will investigate the estate in question
• We will achieve the right outcome for you
• We will alleviate much of the stress involved in making a claim

Having an experienced team makes the complicated process of an estate dispute much simpler and pain-free. As your Estate Lawyer, we will assist you through the entire process, keeping you informed of your options all the while.

ESTATE DISPUTES BASED ON THE VALIDITY OF THE WILL

If you have a reason to believe that the validity of the Will should be under dispute please check below for some examples where you may challenge the Will:

• The Deceased was of reduced mental capacity at the time they agreed to the Will
• The Will was not properly signed or witnessed
• The Deceased did not fully understand the Will
• The Will has been changed after the Deceased signed it
• The Will does not make sense or cannot be understood.

THE PROCESS OF ESTATE DISPUTES

The Court has the right to vary the provisions of the will. It is never clear what the Court will rule, as they consider each of the individual circumstances of the application.

Proof of eligibility does not automatically guarantee that the Court will vary the provisions of a Will. The Court will compare the needs of the applicant with those of the other beneficiaries in order to determine whether the applicant has been left without adequate provision for their maintenance or support.

In making this assessment, the following will usually be considered:

• The size of the Estate
• The financial needs and health of the applicant
• The nature of the relationship the applicant had with the Deceased
• Whether the Deceased had a legal responsibility to provide for the applicant
• Whether adequate provision has been made for the proper maintenance and support of the applicant