Contesting a Will Melbourne

Navigating the complexities of contesting a will in Melbourne requires a knowledgeable and compassionate legal partner.
At Haven Legal Co, we stand ready to be that partner for you.

Contesting a will is intricate, and success depends on the unique circumstances of each case.

The timing is critical in estate disputes. Time limits also apply, making it imperative to seek legal advice promptly. For a claim to be successful they must be lodged BEFORE certain stages of probate or before the estate is distributed and some other time frames apply where you cannot apply after a period of time. It is important to act quickly and have your claim assessed by a lawyer who is experienced in handling wills disputes.

Grounds for Contesting a Will in Melbourne

Contesting a will in Melbourne is a legal process with specific grounds that individuals can invoke. Understanding these grounds is crucial for anyone considering this legal action. It can be an emotional decision to contest a will and there are many factors that you need to consider.

Here are some common grounds for contesting a will in Melbourne:

Lack of Testamentary Capacity:

If the testator lacked the mental capacity to comprehend the nature and consequences of the will.

Undue Influence:

When it can be proven that another person unduly influenced the testator during the will-making process.

Fraud or Forgery:

A contest is possible if the will was obtained through fraudulent means or forgery.

Improper Execution:

If the will fails to meet the formal requirements outlined in the Wills Act 1997 (Vic).

Family Provision Claims:

Certain eligible individuals in Victoria can claim provision from a deceased estate if they feel inadequately provided for in the will.

Revocation:

When a later will exists, revoking the previous one, and the earlier will is mistakenly followed.

Who can contest a Will in Victoria?

Eligibility to Contest a Will in Melbourne.

Not everyone can automatically contest a will; eligibility is based on specific relationships and factors. As the law can be complex and eligibility criteria are subject to change, it’s vital to seek legal advice from our qualified solicitors at Haven Legal Co, specialising in estate law.

Understanding who is eligible to contest a will is crucial. In Melbourne, qualified individuals, often referred to as “eligible persons,” include:

Spouse or Domestic Partner

Current or former spouses and individuals in a registered domestic relationship with the deceased.

Children

Biological, adopted, stepchildren, and, in some cases, adult children.

Former Spouse or Domestic Partner

A former spouse or domestic partner may be eligible under certain circumstances.

Dependents

Individuals dependent on the deceased at the time of death, wholly or partly, in need of maintenance or support.

Grandchildren

In some instances, grandchildren may be eligible if their parent (the deceased’s child) has predeceased the deceased.

Contesting a Will in Melbourne with Haven Legal Co

We are a trusted name dedicated to guiding you through the intricate process of contesting a will in Melbourne. At Haven Legal Co, trust, transparency, and empathy form the foundation of our client relationships. Have your claim assessed by our lawyers who are experienced in handling wills disputes.

Book a Call

Meet with one of our Victorian Law Institute accredited experts – ‘In Person’ or via ‘Zoom’ to discuss your Will/Power of Attorney needs

Further question often asked about contesting a will

What are the most common grounds for contesting a will?

Besides family members, next of kin, or anyone you have a close relationship with, you can also list a charity as your beneficiary.

Besides family members, next of kin, or anyone you have a close relationship with, you can also list a charity as your beneficiary.

Besides family members, next of kin, or anyone you have a close relationship with, you can also list a charity as your beneficiary.

Besides family members, next of kin, or anyone you have a close relationship with, you can also list a charity as your beneficiary.

Other Wills & Estate Legal Services We Offer

About Us

Your contesting will lawyers in Melbourne

We understand that discussing personal matters requires a level of comfort and assurance. We prioritise building that trust with you.

As you consider contesting a will, know that our experienced solicitors specialise in estate law, providing tailored advice based on the unique circumstances of your case. This area of the law is not easy to navigate on your own, so it’s best to consult with knowledgeable professionals such as Haven Legal Co.

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Estate Planning online

Haven Legal Co’s online Estate Planning assistant is a confidential tool that allows you to get started online, in your own time and space. It will ask you a series of questions, and provide valuable feedback.