Watch Rachael McKendrick’s short video below discussing the process by which wills can be contested. Rachael has helped a number of individuals successfully dispute wills that they have been left out of or left inadequate provision. She also has experience in defending claims made by individuals against deceased estates.
In Victoria, there's no obligation on a person to leave their assets to any person in particular after they die. We commonly see estates left to spouses, domestic partners or children.
However, this isn't always the case. In terms of someone disposing of their assets after their death. Certain eligible persons are able to make a claim on an estate. This is often known as challenging a will.
There are time limitations imposed on making such an application. Generally, it's six months from the date an executor obtains a grant of probate or an administrator obtains letters of administration.
Categories of eligible persons include children, domestic partners, spouses, people who were financially reliant on the deceased.
There are a number of considerations that need to be taken into account when considering making a claim on an estate. That includes any competing needs of the beneficiaries who are named in the will, the financial needs of the claimant. And importantly, the testator’s wishes.
If a claim is filed with the court, generally, the parties are required to take part in form of alternative dispute resolution, so that might be a compulsory conference or a mediation. If it doesn't resolve, then the matter will be set down for a final hearing.
If proceedings are issued in court, generally the parties are required to participate in some sort of alternative dispute resolution. This might be a compulsory conference or a mediation. If the matter doesn't resolve, then it'll be set down for a hearing.
If you're considering making a claim on an estate or you're an executor of an estate and a claim has been made, or perhaps foreshadowed, seeking advice early in relation to any claimant's entitlements is really important and often matters can be resolved without formal litigation.
How can I learn more?
Rachael McKendrick.
Principal.
- Disputes & Estate Litigation
- 03 9890 3321
- Email Address: r.mckendrick@robinsongill.com.au
Rachael is a disputes lawyer with a focus on helping building and construction disputes, debt recovery, contractual disputes and wills disputes.
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