If you have been left out of a will, or left less than you were promised, you may be able to make a family provision claim. There are strict time limits — six months from the grant of probate.
A will can be challenged in two broad ways: by disputing the will itself, or by claiming that adequate provision was not made for you. They are different applications with different evidence and different deadlines.
Victoria limits family provision claims to defined categories of “eligible person”. The most common are a spouse or domestic partner; a child, adult child or stepchild; a former spouse in some cases; a registered caring partner; a grandchild who was dependent; and a member of the household.
The person did not understand the nature of the document, the extent of their estate, or the claims of those who might expect to benefit. Medical records matter here.
The will reflects someone else’s wishes, not the testator’s. A high bar, and the evidence is usually circumstantial.
Not signed or witnessed as the Act requires. Informal documents can sometimes still be admitted to probate.
A more recent valid will, or a document that is not what it purports to be, changes the position entirely.
Most family provision claims settle at mediation. Costs are sometimes paid from the estate, but not as a matter of course — the court can order otherwise, including against a claimant who runs a weak case. We give you a written estimate and a realistic view of the likely range before you commit to anything.
Tell us two things — what your relationship to the matter is, and when it happened — and we will tell you whether you have something worth pursuing.
Ask us about your situation03 9322 2777
No obligation. One business day response.