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Wills and Estates
Wills and Probates
When a loved one dies, you are left to deal with the affairs of the deceased.
It is not always necessary to obtain a Grant of Probate from the Court as it depends largely on the assets held by the deceased and the contents of the Will. If your loved one has died without leaving a valid Will you may need to apply to the Court for Letters of Administration.
Our firm can assist you during this difficult time.
Challenging A Will
Unfortunately, for various reasons a person may not make adequate provision in their Will for a person who has been dependent on them during their lifetime.
Although the law recognises a person's right to choose who will receive his or her property and possessions, there are often sound reasons why a person may choose to contest a Will.
If you are considering contesting a Will, there are several matters you need to know about.
Although the law recognises a person's right to choose who will receive his or her property and possessions, there are often sound reasons why a person may choose to contest a Will.
If you are considering contesting a Will, there are several matters you need to know about.
Challenging A Will in New South Wales
In order to contest a will in New South Wales, you must fall within a category of an “eligible person”. To be an eligible person, you must be one of the following:
- The married spouse of the deceased at the time of death.
- The de facto partner of the deceased at the time of death.
- A child of the deceased which includes stepchildren and adopted children.
- A grandchild who lived with the deceased or who was dependent upon the deceased at any time.
- Any person living in a close personal relationship with the deceased. This refers to a relationship between two adults living together and providing support and personal care.
- A former husband or wife of the deceased.
You must commence family provision proceedings in New South Wales within twelve months of the date of death.
Challenging A Will in Victoria
The Victorian Supreme Court has power to order that financial provision be made out of the estate of a deceased person for the ‘proper maintenance and support’ of a person for whom the deceased had responsibility to make provision.
The responsibility which is considered is a moral responsibility.
Any person who can show that the person who made the Will had a ‘moral duty’ to provide for them can commence a Testator’s Family Maintenance (TFM) application.
You must commence TFM proceedings within six months of the grant of probate or letters of administration being made.
The responsibility which is considered is a moral responsibility.
Any person who can show that the person who made the Will had a ‘moral duty’ to provide for them can commence a Testator’s Family Maintenance (TFM) application.
You must commence TFM proceedings within six months of the grant of probate or letters of administration being made.