If you’ve been left out of a Will, or you believe you have been unfairly treated in terms of the Will, you may be able to make a claim against the estate. Contact us for preliminary advice.
Who can dispute a Will?
It varies from state to state, but some of the people who may be entitled to claim include people who had a relationship with the deceased such as:
- Wife or husband
- Defacto or same-sex partner
- Former spouse or defacto partner
- Child or stepchild
- Someone raised by the deceased
- Someone who was financially dependent on the deceased at the time of death
- Carer of the deceased
This is a very general guide only so please contact us to discuss your particular circumstances.
Is there a time limit?
Yes, there is. You have only 6 months from the Grant of Probate or Letters of Administration to make a claim. In certain circumstances, we might be able to obtain an extension of the time limit so please contact us to discuss your situation.
What if I don’t believe the Will was valid?
You can challenge the validity of a Will if you believe that the will is a forgery or if the person lacked the mental capacity to make a Will. You can also challenge a Will if you believe deceased made the Will due to undue influence.
How do I make a claim?
First, contact Michael Curtain and have preliminary advice appointment. We can assess your claim and discuss the future conduct of your claim. If we cannot act for you further we will refer you to another experience law firm in estate law who can. Most claims are settled at the mediation stage without having to go to Court.
We can help
At every stage of contesting or challenging a Will, it’s important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly court fees.
Contact us to find out more or to arrange a consultation with us.