Contesting a Will in Victoria can feel overwhelming, especially during a time of loss. Whether you have been left out of a Will, received a smaller share than expected, or believe the Will does not reflect the deceased’s true intentions, Victorian law provides a framework for eligible people to challenge or contest a Will.
1. What It Means to Contest a Will in Victoria
In Victoria, contesting a Will typically refers to making a testator’s family maintenance claim (also known as family provision claims) under the Administration and Probate Act 1958 (Vic). The process involves asking the court to decide whether the Will makes adequate and proper provision for your maintenance and support.
2. Who Is Eligible to Contest a Will in Victoria?
Eligible persons include spouses, domestic partners, former partners (in limited cases), children (including stepchildren and adopted children), registered caring partners, dependent grandchildren, and household members who were financially dependent on the deceased.
3. Time Limits for Making a Will Contest in Victoria
A family provision claim must be filed within 6 months of Probate of the Will being granted. Late claims are allowed only in exceptional circumstances.
4. Grounds for Contesting a Will in Victoria
Grounds include inadequate provision, financial dependence, moral duty, and special needs. Grounds for challenging validity of the Will include lack of capacity, undue influence, fraud, or improper execution.
5. Factors Victorian Courts Consider
Courts consider the:
- applicant’s financial needs
- relationship with the deceased
- age
- health
- disability
- competing beneficiaries
- contributions to the estate
- and the size of the estate.
6. How the Will Contest Process Works in Victoria
The steps include:
– obtaining legal advice
– gathering evidence
– notifying the executor
– filing the claim,
– case management and directions hearings
– attending mediation, and
– potentially proceeding to a court hearing.
If you, or someone you know, is looking to contest a Will, please contact our team at Hassall’s Litigation Services by telephone 9555 7233 or by emailing admin@hls.net.au . Our team will help you understand your options and safeguard your rights.
