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.
What our clients have to say
“ Vania is friendly and approachable but also fiercely professional. Having previously worked for the Department of Public Prosecutions Vania’s extremely knowledgeable and is a sought-after speaker. As a client you can be confident Vania’s always representing your best interests which takes a load of stress and worry off your mind.”
- Kimberlie-Clare Campbell
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’.