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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.

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