Can I dispute a Will? What are the grounds for disputing a Will in Victoria?
Have you found yourself dissatisfied or surprised by the contents of a loved one's Will? In Victoria, there are grounds upon which you may dispute a Will.
Depending on the specific facts of your circumstances, these grounds may include:
- Family Provision Claims (also known as Part IV Claims) - Certain family members and dependents (primarily spouses and children) are entitled to make a claim against an Estate if they believe they have not been adequately provided for in the Will. Such a claim is advanced pursuant to Part IV of the Administration and Probate Act 1958 (Vic).
- Lack of Testamentary Capacity - If the deceased did not have the mental capacity to understand the nature and consequences of making their Will at the time it was executed, that Will may be contested.
- Undue Influence - Should evidence suggest the deceased was unduly influenced or coerced into making provisions in their Will, those provisions may be scrutinised and potentially set aside.
- Improper Execution - Wills must be executed in accordance with a number of specific legal requirements set out in the Wills Act 1997 (Vic). If the Will does not include these elements, the Will may be deemed invalid.
- Revocation - If a later Will exists that revokes a previous Will, the previous Will may be set aside. In some instances, if there is evidence that the deceased intended to revoke the Will but did not do so formally, the validity of the Will may be contested.
Not in the Will? Maddens Lawyers can help
Each Estate is different and has its own features and unique challenges. If you feel dissatisfied, our experienced team can assist you in navigating your specific circumstances and provide you with considered advice to ensure your interests are preserved.
Contact Maddens Lawyers today. Use our free online claim checker at any time or call our experienced team on
1800 815 228 for a free telephone consultation.
Written by Maddens Lawyers Wills & Estate Litigation Department
