Challenging a Will
If you believe that you haven’t received a fair share in the Will of the deceased, you have the option to challenge it. This information is intended for beneficiaries or individuals who are considering contesting a Will due to feeling unfairly excluded.
If you are already listed in the Will but believe you have been inadequately provided for, there is a legal term for this called “Contesting a Will.” For further details, you can refer to our dedicated page on Contesting a Will.
In case you are the Executor and need guidance on how to defend a contested Will, please visit our page on Defending a Contested Will as an Executor.
The positive aspect for those looking to make a claim is that legal expenses are typically covered or reimbursed by the estate if the claim is deemed valid. However, it is essential to be aware that there are strict time limits for making a family provision claim. Therefore, it is advisable to seek legal counsel as soon as possible.
Challenging a Will in Circumstances if you are not adequately provided for
The legal term for this type of challenge to an Estate is a “family provision claim.”
To make a family provision claim, you must be an eligible person, as defined by the law. This includes such people as:
- The deceased person’s spouse
- Domestic partner
- Child or stepchild
- or any person who was dependent on the deceased person at the time of their death
To succeed in a family provision claim, you will need to prove that the provision made for you in the Will is inadequate for your proper maintenance and support. This involves demonstrating your financial needs and the extent to which the deceased person had a moral duty to provide for you.
You will also need to show that the provision made for you in the Will is not consistent with the moral obligations that the deceased person owed to you.
It is recommended that you seek legal advice from an estates lawyer who is experienced in wills and estates law in Victoria – and in particular in bringing these types of claims.
PCL Lawyers is a law firm has extensive experience in helping client with family provision claims. We can assist you in assessing whether you have a viable claim, gathering evidence, negotiating with the Executor and representing you in court if necessary.
If you need a lawyer for challenging a Will we can help you navigate this process and understand your rights.
Speak to one of our lawyer today on 1300 907 335 or otherwise complete the contact form and we will respond promptly.
Client Testimonials
I recently had cause to use the services of PCL Lawyers regarding a Deceased Estate. The support and guidance I received not only from Phillip but the whole staff, was incredible. They demonstrated their professionalism and expertise in completing the process in a timely and efficient manner. I would have no hesitation in using the services of PCL Lawyers in the future.
Thank you to Philip and Maeve for preparing our new Wills and Powers of Attorney. A very professional and efficient process from start to finish. Philip was happy to answer our many questions and to make sure our wishes were accurately documented. We highly recommend Philip and Maeve from PCL Lawyers.
Phillip Drew is the absolute 💯 BEST. He explained everything clearly and precisely about our wills etc. Things we never had ever been told by other law firms. I cannot recommend PCL lawyers highly enough. His assistant Maeve also has been more then helpful. Thank-you for a job above and beyond well done.
Philip Drew at PCL provided us with a very efficient and effective service when seeking a Grant of Probate recently. Pricing was very reasonable and we would definitely recommend their services.
PCL Lawers provided me with excellent service. I had a very stressful issue with an Estate matter. I had the pleasure to have Philip Drew assist me and advise me, he answered all my questions, he explained everything I didn’t understand and was causing me a lot of stress in a way I could understand, he put my mind at ease and I felt like a huge weight was lifted off my shoulders and I could finally breathe. Philip is very knowledgeable and professional and treated me with compassion. I highly recommend PCL and Philip to anyone seeking an expert in Wills and Estate matters. I would use PCL again if I need legal advice in the future.
Thank you so much Philip!
Providing clients with the best possible service and advice.
Looking for a Lawyer or Law Firm in Melbourne?
You want to know that you are getting advice and real solutions. You not only want a lawyer who has strong experience and knowledge in legal matters, but a lawyer who can also navigate you through the commercial realities.
Request a meeting
Get in touch
We’d love to
hear from you
hear from you
Contact us
See all of our locationsOffice Hours Monday to Friday:- 8:45am – 5:15pm
We can accommodate appointments out of these hours if required.
Feel free to leave us a message
Get in touch
We’d love to hear from you
Providing legal services Australia-wide,
with several locations to serve you better.
with several locations to serve you better.
Select State:
Get in contact with us
"*" indicates required fields