Contesting a Will
What is contesting a Will?
Contesting a will, which is also know as a family provision claim, is where a person seeks a better share in a deceased person’s Will.
Who can contest a Will?
Only a spouse, child or dependant of a deceased person can contest the Will. A grandchild of the deceased may be able to contest the Will if they can be classed as a dependant.
Vania Holt Legal can help if:
- you’ve been left out of a will (family provision act claim)
- or have been treated unfairly in the will
- Executor defending will in court
To make a claim:
- Eligible person (eg child, de-facto partner, spouse, ex partner)
-
If you are an eligible person, you may be able to make a claim – court considers:
- Your personal position and whether there is a need of provision;
- Your relationship with the deceased;
- The size of the estate;
- Whether there are any other ‘eligible’ persons to make a claim.
- Need to do it within 12 months of date of death. Can do it outside this time if ‘sufficient cause’.
Ready to get started now?
Vania Holt Legal is happy to discuss your requirements in a free 10-minute appointment
– either in-person (once restrictions lift), on the phone or via Zoom.
- 10 Years Legal Experience
- Home/Office Appointment
- Experienced Lawyer