Contesting A Will Victoria
Contesting a Will Victoria
There are a number of situations that may give you a right to challenge 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.
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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.
Contesting a Will can be complicated, but we can guide you through the process and keep you informed about your options at every step.
- 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 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 husband or wife;
- 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.
Can only beneficiaries Contest a Will in Victoria?
When creating a Will, a person can distribute his or her assets and property in any way that they choose, and can name friends, charities and / or family members as beneficiaries of the Estate.
You don’t need to be a beneficiary to contest a Will. For example if you have been left out completely you may be able to contest the provisions.
In deciding if an applicant is entitled to a portion of the Estate, the Court may take in to account the age, financial resources and any physical or mental disabilities of the person. Other factors may also be considered when determining if an applicant should be a beneficiary of the Estate.
Contesting a Will in Victoria: When The Will Is Unclear
Courts rarely interfere with the wishes of the Deceased when the Will is well constructed and precise, so you are unlikely to succeed in contesting a Will if it is well written, clear and specific. In the event that a Will is ambiguous, the Executor of the Deceased’s Estate or an interested party can apply to the Court to clarify the contents of the Will.
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If you have any queries or require further need information or advice, please don’t hesitate to get in touch; our experienced team is available and keen to assist you further.