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Contesting a Will Melbourne

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Contesting a Will
Melbourne
Contesting a Will in
Melbourne with Haven
Legal Co
We are a trusted name dedicated to guiding you through the
intricate process of contesting a will in Melbourne. At Haven Legal
Co, trust, transparency, and empathy form the foundation of our
client relationships. We understand that discussing personal matters
requires a level of comfort and assurance. We prioritise building that
trust with you.
As you consider contesting a will, know that our experienced
solicitors specialise in estate law, providing tailored advice based on
the unique circumstances of your case. This area of the law is not
easy to navigate on your own, so it’s best to consult with
knowledgeable professionals such as Haven Legal Co.
Grounds for Contesting a
Will in Melbourne
Contesting a will in Melbourne is a legal process with specific
grounds that individuals can invoke. Understanding these grounds is
crucial for anyone considering this legal action. Here are some
common grounds for contesting a will in Melbourne:
Lack of Testamentary Capacity: If the testator lacked the mental
capacity to comprehend the nature and consequences of the will.
Undue Influence: When it can be proven that another person unduly
influenced the testator during the will-making process.
Fraud or Forgery: A contest is possible if the will was obtained
through fraudulent means or forgery.
Improper Execution: If the will fails to meet the formal requirements
outlined in the Wills Act 1997 (Vic).
Family Provision Claims: Certain eligible individuals in Victoria can
claim provision from a deceased estate if they feel inadequately
provided for in the will.
Revocation: When a later will exists, revoking the previous one, and
the earlier will is mistakenly followed.
Contesting a will is intricate, and success depends on the unique
circumstances of each case. Time limits also apply, making it
imperative to seek legal advice promptly.
Understanding who is eligible to contest a will is crucial. In
Melbourne, qualified individuals, often referred to as “eligible
persons,” include:
Spouse or Domestic Partner: Current or former spouses and
individuals in a registered domestic relationship with the deceased.
Children: Biological, adopted, stepchildren, and, in some cases, adult
children.
Former Spouse or Domestic Partner: A former spouse or domestic
partner may be eligible under certain circumstances.
Dependents: Individuals dependent on the deceased at the time of
death, wholly or partly, in need of maintenance or support.
Grandchildren: In some instances, grandchildren may be eligible if
their parent (the deceased’s child) has predeceased the deceased.
Not everyone can automatically contest a will; eligibility is based on
specific relationships and factors. As the law can be complex and
eligibility criteria are subject to change, it’s vital to seek legal advice
from our qualified solicitors at Haven Legal Co, specialising in estate
law.
Navigating the complexities of contesting a will in Melbourne requires
a knowledgeable and compassionate legal partner. At Haven Legal Co,
we stand ready to be that partner for you.
03 9350 6455
Haven Legal Co. Services
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Eligibility to Contest a Will
in Melbourne
Contact Us
469-471 Plenty Road, Preston VIC 3072
T: 03 9350 6455
E: admin@havenlegalco.com.au
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