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?
Yes, there is. For example. in Victoria, you have only 6 months from the date of probate 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 that undue influence was brought to bear upon the deceased or if there was fraud involved.
On what grounds can I challenge the will?
Even though each Australian State and Territory has its own laws regarding Wills, the circumstances where a Will can be contested are similar. The reasons that a party may challenge a Will include:
- the execution of the Will was not carried out correctly
- family members are not be adequately provided for in the Will
- the Will that was executed was not the final Will that was drawn up by the Deceased
- the Will Maker was unduly influenced when signing the Will
- the mental capacity or understanding of the Will Maker was insufficient at the time of execution of the Will
- where there is evidence of Will tampering.
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, but if it comes down to court we also have the skills to fight on your behalf.
Contact us to find out more or to arrange a consultation with an estate lawyer at our Melbourne CBD office.