Contesting a Will

If you’ve 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 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 grandchild
  • parent of a child of the deceased
  • parent, brother or sister
  • someone who was financially dependent on the deceased
  • carer 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. You have only 12 months from the date of their death to make a claim. In certain circumstances, we might be able to obtain an extension of the time limit so please contact us to discuss your situation.

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.

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Contact us to arrange a consultation with one of our experienced and friendly solicitors in Bridgeman Downs.
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