Challenging a Will

Have you been left out of a Will? It is important that you contact us quickly, as time limits apply to ‘challenging’ the provisions of a will.

It may be possible for a Will to be challenged by those who believe that the Will-maker had a moral obligation to make adequate provision for them in the Will, but did not make such a provision. The Court has the power to make Orders changing the contents of a Will, or resolution may be by way of negotiation.

Call us on (03) 8658-0040 to set up an appointment to discuss your matter.

Don’t New Laws Make Challenges More Difficult?

It is true that new laws passed in Victoria restrict challenges to Wills in relation to people who die on or after 1 January 2015.

Previously practically anyone who could prove the testator owed them a ‘moral duty’ could claim on the estate. Now it is a bit more complicated; it will depend on what category you fall into. Certain close family members who have been left out of a Will can still make a claim without too many hurdles; for others, it may be a bit more difficult and there may be more factors which need to be looked at.

If you have been left out of a Will and believe you should have been included, however, you should definitely get legal advice immediately. While it may be more complicated than it used to be, we can evaluate your case and talk you through the options.

What Happens at my Free Consultation?

At your first free consultation we we listen to your situation and evaluate your case. Once we have evaluated your case we we will advise you if we are prepared to take it on on a ‘no win, no fee’ basis (normally if you have a decent case we will). ‘No win, no fee’ means that you do not pay any of our legal fees up front – you only have to pay us if we are successful in obtaining for you some of the estate you are entitled to.

Give us a call today on (03) 8658-0040 to set up your free first appointment. As mentioned strict time limits apply, so please do not delay seeking our advice in this area.