Claims

Deceased Estate Claims

Contesting a Will

If you are left out of a Will or dispute a Will you need legal representation.

Strict time limits apply to making a claim. In most cases 6 months. You need to act now. You need to get proper legal advice. That’s us, Probate Excellence Lawyers, we help advise and act for clients in deceased estate claims. If you miss the deadline your claim may totally fail.

A person who has been left out of a Will, or unfairly provided for can make a claim for a larger share of a deceased person’s estate. The claim is that the will (or if there is no will, the ‘intestacy’) of the deceased person failed to make proper provision for the claimant. In Victoria these claims are known as Part IV claims under the Administration and Probate Act 1958.

Another class of estate litigation is disputing the validity of a Will. We can advise if you are concerned that a will may not be valid by reason of fraud, undue influence, duress or if there is some doubt the testator did not have testamentary capacity. We can advise you on how to object to Probate if the executor tries to probate a will.

Thinking of making a Claim: Wills & Deceased Estates

Left out of a Will? Remember strict time limits apply to claims. Give a brief outline of the situation, and we will respond shortly with our thoughts and discuss with you what options you might have. At this stage, the answers will be preliminary and no fees apply.

Typical Class of Claims

The typical class of claims falls either into:

• a client is dissatisfied with the terms of the will of a deceased and wishes to “dispute” the will, or
• is dissatisfied with the distribution of the estate of a deceased intestate and wishes to dispute that distribution.

Other types of claims, which are described below, are for example:

• removal of a trustee or executor for non-performance
• unusual matters such as informal wills where executor may have prepared a will but not actually signed the document

First Steps

The first steps to see if you qualify to make a will contest, challenge or claim

1. Initial Review
   • Fill in the form above. This is no obligation and no fees apply
   • We will call and speak to you and guide you on whether you should qualify to make a will contest/challenge, for free.
   • If you do not know when a death has been recorded, whether a probate has been issued, whether a will exists, or what the will means, call us here at Probate Excellence and we will seek out the answers.
2. Initial Meeting
   • We will follow up with a face to face meeting, again no obligation to you.
   • This meeting is free if you don’t proceed with your will contest/challenge. If we cannot meet in person, we will hold this initial meeting by phone.
3. Full Assessment
   • If you have a good case, we will confirm that you are eligible to claim, review your chances of success, and almost always offer you a No Win No Fee Contract. If we cannot help you, we will not charge you a dollar.

Typical Claims

Other Estate Claims

Undue Influence