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CONTESTING A WILL IN NSW AND VICTORIA

Will and estate disputes are a complex and involved process, and it is essential to obtain expert legal advice. The team from Estate Lawyers has the knowledge and experience to provide detailed guidance to clients in NSW and Victoria.

1

Grounds a Will can be Challenged

A Will can be challenged for the following reasons:

  • The Will Maker lacked mental capacity at the time of executing the Will;
  • The Will Maker was unduly influenced when making and signing the Will;
  • The Will Maker did not know or approve the contents of the Will;
  • The  execution of the Will was not executed correctly;
  • The Will that was executed was not the last Will drawn up by the deceased; or
  • There is evidence of Will tampering.
2

Who can contest a Will?

To be entitled to contest a Will you must have an “interest” in the deceased estate. Therefore, any person who is mentioned in the deceased’s previous Wills or if there is no Will, then a beneficiary under intestacy.

Time is of the essence

If you wish to challenge the validity of a Will it is important that you act promptly and do so before a Grant of Probate or Letters of Administration has been granted. It’s also vital that you are supported by expert legal guidance while you are contesting a Will.

Get in contact with our team in Melbourne or Sydney

We recommend that you book a free consultation with our experienced professionals at Estate Lawyers. Call our office in Melbourne, Victoria or Sydney, NSW on the details below, or email us at info@estatelawyers.com.au.

Melbourne:        (03) 9088 3185

Sydney:                (02) 9188 2032

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10 Things You Need to Know Before Disputing a Will

As Melbourne’s leading estate litigation lawyers, we often hear from our clients how difficult it is for them to consider disputing the will of someone that was once close to them. 

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