Discovering that you have been left out of a will can be an emotionally distressing experience. It may leave you feeling confused, hurt and uncertain about your legal rights. In Victoria, there are legal avenues available if you believe you have been unfairly left out of, or insufficiently provided for, in a will. Understanding these options is crucial to ensure that you receive a fair share of the deceased’s estate.
Being left out of a will affects you financially and can have significant emotional implications. It might strain family relationships and create conflicts among surviving relatives. It’s essential to address these issues promptly and with proper legal guidance.
Grounds for Contesting a Will in Victoria
When faced with the situation of being left out of a will, you may consider contesting the will. There are specific grounds for contesting a will in Victoria, which include:
- Lack of Provision: If you were financially dependent on the deceased and have not been adequately provided for, you may have grounds to contest a will.
- Unfair Treatment: If you believe the distribution of assets is unfair compared to other beneficiaries, especially if you had a close relationship with the deceased, you might challenge the will.
- Lack of Testamentary Capacity: If the deceased was not of sound mind when making the will, the will could be contested on this basis.
- Undue Influence or Fraud: If the will was made under pressure, coercion or in fraudulent circumstances, it might not reflect the true intentions of the deceased.
When contesting a will, the court will consider various factors, including:
- Your Relationship with the Deceased: Spouses, children, de facto partners and other close relatives are more likely to have a successful claim.
- Contributions to the Estate: If you contributed significantly to the estate or the welfare of the deceased, this might strengthen your case.
- Financial Needs and Resources: The Court assesses your current and future financial situation, including your ability to support yourself.
- Size and Nature of the Estate: The total value and composition of the estate are considered to determine if there are sufficient assets to accommodate your claim without unfairly impacting other beneficiaries.
It’s important to act promptly, as strict time limits apply when claiming an estate in Victoria. Typically, you have six months from the date of the Grant of Probate to initiate legal action.
How McNab McNab & Starke Can Assist You
At McNab McNab & Starke, we understand the complexities and sensitivities involved when you have been left out of a will. Our experienced legal team offers comprehensive support to help you navigate this challenging time.
- Expert Legal Advice: We provide clear guidance on your rights and the likelihood of a successful claim based on your specific circumstances. Our lawyers will explain the legal processes involved in contesting a will.
- Representation in Court: If necessary, we can represent you in court proceedings to ensure your interests are effectively advocated. We have a strong track record in handling cases involving the grounds for contesting a will.
- Negotiation and Mediation: Often, disputes can be resolved through negotiation or mediation without the need for a court trial. We strive to reach amicable solutions whenever possible, preserving family relationships where possible.
- Personalised Support: We recognise that each situation is unique. Our approach is tailored to your individual needs, ensuring you receive the attention and care you deserve.
For more information on how we can assist, visit our Contesting a Will Services page.
Taking the Next Step Towards Fairness
Being left out of a will doesn’t mean you have to accept the situation without question. The law provides mechanisms to ensure that individuals who have been unfairly treated can seek justice. By understanding the grounds for contesting a will and seeking professional legal assistance, you can take proactive steps towards a fair resolution.
Contesting a will can be a complex and emotionally charged process. It requires a thorough understanding of legal principles and careful navigation of the court system. With the right support, you can ensure that your rights are protected and that you receive any entitlements due to you.
At McNab McNab & Starke, we are committed to helping you understand your rights and options. With our personalised approach and dedication to excellence, we aim to alleviate the stress associated with these disputes. Our long-standing reputation in estate law makes us a trusted partner in these matters.
If you believe you have been left out of a will or are considering how to contest a will in Victoria, we’re here to help. Contact us at McNab McNab & Starke for professional legal advice tailored to your situation.