If you have been left out of a will and believe you should have been included, you may have the option to contest the will or make a claim for provision from the estate. In Victoria, this is typically done through a family provision claim under the Administration and Probate Act 1958 (Vic). Here are the steps you can take:
- Determine Eligibility: First, determine if you are eligible to make a claim. Eligible persons generally include spouses, domestic partners, children, stepchildren, and sometimes grandchildren or other dependants who were financially supported by the deceased.
- Seek Legal Advice: It is important to seek legal advice to understand your rights and the likelihood of a successful claim. A lawyer can help you assess the merits of your case and guide you through the process.
- File a Claim: If you decide to proceed, you will need to file a claim in the Supreme Court of Victoria. This must typically be done within six months from the date of the grant of probate or letters of administration. The court has the discretion to allow claims outside this period in certain circumstances.
- Prepare Your Case: You will need to provide evidence to support your claim, such as your financial needs, the nature of your relationship with the deceased, and any contributions you made to the deceased’s estate or welfare.
- Mediation and Court Proceedings: Many claims are resolved through mediation, where parties attempt to reach a settlement without going to trial. If mediation is unsuccessful, the case may proceed to a court hearing where a judge will make a decision.
- Consider Alternative Dispute Resolution: Before proceeding to court, consider alternative dispute resolution methods, such as negotiation or mediation, which can be less costly and time-consuming.
Contesting a will can be a complex and emotional process, so it is crucial to have professional legal support to navigate the legal system effectively.
If you have a potential dispute you wish to discuss, contact our experienced wills and estate team today on (03) 9481 2000 or info@tauruslawyers.com.au