Challenging a Will

Our wills and estates lawyers and litigation lawyers are experienced in estate disputes.  We can advise on contesting a Will in Victoria or on defending a contested Will.  Deceased estate litigation can be complex and our lawyers are experienced accredited specialists in wills and estates and disputes. 

Contesting a Will

The thought of challenging a Will is challenging enough!  Our experienced wills & estate lawyers can assist you through the Will dispute process.  Contact us if you believe that you should have been included in a Will but haven't or if insufficient provision has been made for you, or you are an executor or beneficiary and are disputing the terms of the Will.

The Grounds for Contesting a Will

A Will may be contested if the Will is found to be invalid on the basis that:

  • undue influence was exercised over the person making the Will,
  • the person didn’t know or approve the contents of the Will, or
  • the person making the Will lacked capacity. 

The Will may also be challenged if someone thinks that should have been provided for or if they have not been provided for adequately.

Who can challenge a Will in Victoria?

In order to contest a Will or apply to the Court for a larger share of an estate, a person needs to be eligible to do so.  Amendments to the Administration and Probate Act 1958 commenced on 1 January 2015 creating eligibility requirements for family provision claims by specifying classes of persons eligible to apply for provision.  Who can contest a Will.

Our wills, estates and probate lawyers are located at both our Melbourne office and our Mount Waverley office, a South Eastern suburb of Melbourne.

Visit our law firm for more.

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