What is the difference between contesting a Will and challenging a Will?
Contesting a will and challenging a will are often used interchangeably, but they have different legal meanings.
Challenging a will refers to a legal action taken by a person who has an interest in the Will but has been left “too little”, or nothing at all, having regard to their relationship with the deceased.
Contesting the validity of a Will, on the other hand, generally refers to a legal action taken by a person who believes that a Will is invalid.
If you want information on challenging a Will read more here.
Common grounds for contesting the validity of a Will include:
Finally, and importantly, to challenge the validity of a will in Victoria, an application needs to brought within 6 months of the grant of probate. It is recommended that you seek legal advice from a lawyer who is an expert in wills and estates law to help you navigate this process and PCL can assist in this regard.
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