If you have 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 in Victoria 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 assumed child
- member of the household 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. If you think you might have a claim, you should contact us for advice.
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.
How do I make a claim?
First, contact us for preliminary advice. If you have a valid and worthwhile claim, we can then contact the executors and notify them of your claim.
We can help
At every stage of contesting or challenging a Will it is important to have an experienced probate lawyer to assist you and to guide you through the process. We have the skills to negotiate on your behalf to try to avoid the stress, time, uncertainty and cost of litigation, 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 experienced Victorian estate lawyer.