Contesting a Will may refer to many different situations. Two common situations are when you dispute the validity of a Will or when you make a claim for provision from an estate (when you have either been left out of a Will or you have received less provision than expected).
IS THE WILL VALID?
You can challenge the validity of a Will in certain circumstances. Some of these circumstances include if the Will was forged, if the Will maker lacked the mental capacity to make a Will, if the Will maker was unduly influenced to make a Will or if there was fraud involved in preparing the Will.
MAKING A CLAIM FOR PROVISION FROM AN ESTATE
In Victoria, to make a claim for provision from an estate you need to be an eligible person. The definition of an eligible person includes a spouse, a domestic partner, a former spouse or domestic partner, children, step-children or grandchildren of the deceased. This definition also includes other categories of claimants. For an eligible person to be successful with their claim, they must also satisfy other legislative requirements.
You have 6 months from the date of the Grant of Representation in which to make a claim.
Contact Us to find out more or to arrange a consultation with an experienced estate lawyer.