Contesting a Will Victoria
THERE ARE A NUMBER OF SITUATIONS THAT MAY GIVE YOU A RIGHT TO CONEST A WILL.
Unless there are legitimate reasons, Victorian courts are unlikely to change a valid Will. Contesting a Will in Victoria is only possible in certain situations. If you are considering contesting a Will the following information may be of use to you.
WORKING WITH HENTYS IN CONTESTING A WILL
Our team of expert estate litigation lawyers have many years of experience in handling a wide range of disputes and other estate matters. We can determine if you’re entitled to make a claim and let you know what the outcome is likely to be.
- We make sure the claim is viable
- We check the size and scope of the estate
- We negotiate your best outcome
- We minimise the stress
Contesting a Will can be complicated, but we can guide you through the process and keep you informed about your options at every step.
CONTESTING A WILL VICTORIA: ON WHAT GROUNDS?
Each Australian State and Territory has its own laws regarding contesting Wills. While the situations under which a Will can be contested are similar across the nation, you may be able to contest a Will in Victoria under these circumstances:
- you were dependent on the deceased
- your share of the estate is not adequate for your maintenance and support
- your relationship with the deceased only began after the last Will was made
- the Will does not provide for the partner or children in another marriage or de facto relationship
- you believe that the Will is grossly unfair
- we can show that the Will maker was not in a sound state of mind when they made a Will
- we can show that the Will maker was unduly influenced by one or more of the beneficiaries, or
- the Will is unclear.
CONTESTING A WILL IN VICTORIA: WHO CAN APPLY?
Whatever your reason for contesting a Will, we’ll listen, and we’ll work with you to help you get what you’re entitled to. In Victoria, the category of people who can challenge the distribution contained in a Will is broad and can include:
- A surviving domestic partner or same sex partner;
- Children of the deceased (and in some cases, step-children and grandchildren);
- Other people who were dependent on the deceased;
- Those who the deceased was dependent upon
HOW HENTYS CAN HELP YOU
If you’ve been treated unfairly or left out of a Will, please know that you are not alone. At Hentys Lawyers, we’ve been acting for the people of Victoria in disputed Will matters for over 30 years.
We have a specialist team on hand to help you understand what it takes to resolve contested Will matters successfully. We will always act with your best interests in mind, whether you’ve been completely left out of a Will or given a benefit below what you believe you are entitled to.
If you are considering contesting a Will be aware that there are time restrictions imposed in accordance with Victorian legislation. It is therefore vital that you promptly seek professional legal advice before taking the next step.
Our Simple 4 Step Process
Review Your Claim
The most important step is to determine if you have a reasonable claim
Assess Your Case
We estimate the size of your claim and for our legal costs, not including disbursements
We’re with you every step of the way, managing the entire process on your behalf
Settle Your Case
We apply our knowledge and expertise to reach the settlement you are entitled to