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.
Eligibility to dispute a Will:
As a general guide, 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, and entitlements vary from State to State so please contact us to discuss your particular circumstances. Please note that there are time restrictions on making a claim on an Estate. Please contact us as soon as possible after the date of death so we may advise you of the your last date to make a claim.
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.
How do I make a claim?
First, contact a lawyer, who can assess your claim and discuss the particular circumstances of your claim. If it’s worth continuing we will contact the executors and notify them of your claim. We will then gather evidence, prepare documents and make an offer to the executors. Many claims are settled through negotiation at this stage.
If the matter isn’t resolved then we can lodge documents with the court to initiate proceedings. We can still negotiate and in some cases mediation will be required by the court.
Failing all else, we will proceed to a court hearing wherein the evidence will be presented and the judge will make a decision.
We can help
At every stage of contesting or challenging a Will it’s important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly court fees, but if it comes down to court we also have the skills to fight on your behalf.
Contact us to find out more or to arrange a consultation with an experienced estate lawyer in the Yarra Valley.