• De Kretser Law

Four things you should consider when contesting a Will in Victoria

Updated: Feb 13, 2021

Losing a loved-one is a very upsetting experience; however, it can be even more stressful if they have not adequately provided for you in their Will. If you feel you have been unfairly provided for, you can challenge a Will for a part of the person’s Estate. Specific criteria must be met in order to successfully challenge a Will. The following elements are integral to the process.

Types of claims

A Will is a legal document that specifies what a person wants to happen to their assets when they pass away. Whilst the law recognises someone’s final wishes, claims made against a deceased estate can generally be categorised as follows:

· Testator's Family Maintenance Claim

· Lack of Testamentary Capacity Claim

· Undue Influence Claim

· Breach of Trust Claim

Strict time limits apply to making a claim, and the category of people who can commence legal proceedings, is also limited.

Seeking legal advice is recommended for contesting a Will as the legal landscape can be complicated to navigate especially when you are mourning over a loved one. It is important to note that you may need to go to court to settle a claim which can be costly and stressful if it is not handled carefully and strategically.

De Kretser Law has been helping clients contest Wills, and defend executors who represent deceased estates when claims are made against them for many years. We understand that the legal process can be daunting and stressful.

If you believe that you have been unfairly excluded from a Will, have not been gifted a fair proportion of a deceased’s assets, or are the Executor of a deceased Estate and require legal representation against a claim, call De Kretser Law on 1800 800 LAW now for a confidential, free and no-obligation appointment to discuss your rights and obligations.

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