Looking to contest a will?
If you feel like you’ve been unfairly treated or haven’t been included in your loved one’s will, you may be able to contest the will. There are some specific reasons that you can contest a will for, like if you’re a dependent of the deceased and believe you haven’t been properly provided for, or if you think the deceased was influenced by someone else when they wrote their will or made decisions about their estate, or the willmaker did not have capacity at the time of making their will.
Our will and estate lawyers in Melbourne and Ballarat can explain your options. With care and understanding, our solicitors can help you understand what’s involved in contesting a will.
What are the grounds for contesting a will?
Lack of testamentary capacity
Testator family maintenance claim
A testator family maintenance claim is a legal claim that can be made in Victoria. This can be used if you believe the deceased had a moral responsibility to make sure you or someone else was entitled to be looked after in their will and they didn’t receive an inheritance. The deceased may be considered to have a moral responsibility to look after someone who is or was dependent on them. This may include:
- Their partner;
- Their former partner where they hadn’t resolved their financial separation or divorce;
- A child, whether they’re biological, adopted or a stepchild;
- Their child’s partner if there was an obligation to care for them;
- A grandchild who was dependent on the deceased; or
- Someone else who lived with the deceased before they passed away.