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Will Challenges

Pursuing and protecting your entitlements

Will Challenges

Even when a Will appears to have been validly executed, disputes can arise which can lead to the Will being challenged.

At Clancy & Triado, our lawyers have extensive experience in both making and defending such challenges.

Testamentary Capacity

Sometimes a person will change or make a Will when they are under undue influence by another person or when they are mentally incapacitated due to illness or age. This is referred to as ‘lacking testamentary capacity’. 

If you believe that the deceased lacked ‘testamentary capacity’ when they made their last Will, you may apply to have that Will struck out and see the deceased’s Estate distributed according to their previous Will, or the laws of intestacy. A caveat may be lodged with the Registrar of Probates to prevent an Executor from proving an invalid Will.

Objections must be filed within 30 days of a probate application. This makes it is important to get timely advice from our lawyers.

Family Provision Claim

If you can show that the deceased had a moral duty to provide for you, and made inadequate provisions for your proper maintenance and support in their Will, you may be able to bring a Family Provision claim under the Administration and Probate Act 1958 (Vic). Only eligible persons may bring such a claim; for example spouses, domestic partners, children, stepchildren, grandchildren, and others.

Our lawyers can advise you on these matters and assess your prospects of obtaining a greater amount of the deceased’s estate if you choose to bring a challenge.