Contesting a Will while grieving the loss of a loved one can be difficult as it may put you at odds with other family members. However, if you have been left out of a Will or feel you haven’t been adequately provided for, you need to contest the Will quickly as Victoria has strict timelines to contest a Will.
Time constraints for contesting a Will
In Victoria, generally, you have six months from the date that a grant of probate or letters of administration is made to contest a Will. So the safest bet is to seek our advice promptly.
Eligibility to contest a Will
Before you seek legal advice to contest a Will, it is essential to determine if you are eligible. According to Section 91 of the Administration and Probate Act 1958 (VIC).
Eligible people include:
- A spouse or domestic partner of the deceased
- A child of the deceased (including adopted, step-children, or someone who believed the deceased was your parent and was treated as such) who is:
- Under the age of 18
- A full-time student under the age of 25
- An adult child of the deceased
- A registered caring partner
- A grandchild of the deceased
- A person who was or had been (and was likely to be in the near future) a member of the deceased’s household
If you are unsure of your eligibility to contest a Will, contact a Wills & Estate lawyer in Geelong.
Making a family provision claim in Victoria
If you are eligible to contest the Will, the next step is to seek legal advice to lodge a family provision claim. A family provision claim is an application to the Court to seek adequate provisions from the deceased’s Estate. Also referred to as Part IV claims or Testator Family Maintenance claims; the best way to navigate the ins and outs of a family provision claim is with the guidance of a legal professional.
Legal advice for contesting a Will in Geelong
Before you contest a Will, we highly recommend speaking to an experienced Estate lawyer in Geelong; we can ensure you understand your chances of a desirable outcome. Knowing where you stand before filing legal paperwork can be helpful.
When you are ready to file your family provision claim, WJM’s Geelong lawyers can assist you with the legal processes and paperwork involved to contest a Will. So, whether you need support making a family provision claim, a mediator, or a lawyer to handle your Will dispute in Geelong, you can rely on us. Led by one of our Principals, Aaron Jolly, an accredited Wills & Estates specialist, our Wills & Estates team are experienced in all matters of Wills and Will disputes.
Contact our Wills & Estates legal team for legal advice about contesting a Will.