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You are here: Home / Legal Services / Contesting a Will

Contesting a Will

vermont-will-dispute

If you’ve been left out of a Will, or have been unfairly treated in terms of the amount of your inheritance you may be able to make a claim against the estate.

Who can dispute a Will?

It varies from state to state, but some of the people who may be entitled to claim include people who had a relationship with the deceased such as:

  • wife or husband
  • defacto or same sex partner
  • former spouse or defacto partner
  • child, stepchild or grandchild
  • parent of a child of the deceased
  • parent, brother or sister
  • someone who was financially dependent on the deceased
  • carer of the deceased

This is a very general guide only so please contact us to discuss your particular circumstances.

Is there a time limit?

In Victoria you have only 6 months from the date Probate or Administration was granted to make a claim. In certain circumstances, we might be able to obtain an extension of the time limit so please contact us to discuss your situation.

What if I don’t believe the Will was valid?

You can challenge a Will if you believe that the will is a forgery or if the person lacked the mental capacity to make a Will. You can also challenge a Will if you believe the person was unduly influenced or if there was fraud involved.

How do I make a claim?

First, contact a lawyer, who can assess your claim and discuss the particular circumstances of your claim. If it’s worth continuing we will contact the executors and notify them of your claim. We will then gather evidence, prepare documents and make an offer to the executors. Many claims are settled through negotiation at this stage.

If the matter isn’t resolved then we can lodge documents with the court to initiate proceedings. We can still negotiate and in some cases mediation will be required by the court.

Failing all else, we will proceed to a court hearing wherein the evidence will be presented and the judge will make a decision.

We can help

At every stage of contesting or challenging a Will it’s important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly court fees, however should your matter proceed court we also have the skills to fight on your behalf.

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17 Adrian Ave
Vermont South VIC 3133

PO Box 6113
Vermont South VIC 3133

T | (03) 9887 8136

F | (03) 9887 8436

[email protected]

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Contact Us

17 Adrian Ave
Vermont South VIC 3133

PO Box 6113
Vermont South VIC 3133

T | (03) 9887 8136

F | (03) 9887 8436

[email protected]

Legal Services

  • Probate & Deceased Estates
  • Wills & Estate Planning
  • Contesting a Will
  • Divorce & Family Law
  • Criminal Law
  • Conveyancing in Victoria
  • Court Representation
  • Trust Law

Accounting Services

  • Tax Return Preparation
  • Taxation Advice
  • Accounting Services

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