Contesting A Will

Contesting a Will in Victoria, also known as challenging a Will, can only occur in the following circumstances:

  • the Will maker did not have the capacity to make a Will at the time they signed the Will
    (“Testator capacity issues”)
  • the Will was made under the influence of others (“undue influence”); or
  • the deceased person failed to comply with their duty to adequately provide for you on
    their death by leaving nothing, or not enough to you in their Will (“Part IV Testator Family
    Maintenance Claims”).

The legislation in this area has significantly altered as of 1 January 2015, and the ability to make a Testator Family Maintenance Claim has significantly diminished. The Supreme Court of Victoria can (and has) award you and/or your lawyer to pay the legal fees and costs of the Estate in circumstances whereby you should not have made a claim.

You must seek legal advice to ascertain if contesting an Estate is an option for you, noting that you only
have six months from the date of the grant of Probate to make a claim.

When it comes to family, we handle every case with unmatched professionalism and care. We strive to work towards the best possible outcome for you and your family and can assist with legal issues such as
parenting plan and support, issues of domestic violence, de facto relationships and more. For more information on any of these laws and services, talk to one of our lawyers today. As experienced family lawyers, we approach each case rationally and are here to support you. We pride ourselves on our years
of experience in complex matters – including matters concerning the personal safety of parties and children and large and complex property holdings between the parties (asset pools over $20,000,000). With a dynamic team and a passion for helping people of all walks of life, you can count on our team when the going gets tough

If you would like to further information or advice regarding contesting a Will, please fill in the form below and one of our Specialist Estate Lawyers will be in contact with you shortly, alternatively you can call us on 03 9571 7444

Our Will & Estate team

Darby Nunan

SPECIAL COUNSEL

Theresa Elhage

SENIOR ASSOCIATE

Christina Potts

PARALEGAL

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