Eligibility to challenge a Will in Victoria.
In Victoria, certain individuals have the right to challenge a will under the Administration and Probate Act 1958 (Vic). Those who can challenge a will typically include:
Spouses and Domestic Partners: A spouse or domestic partner of the deceased can challenge the will if they believe they have not been adequately provided for.
Children: Biological and adopted children of the deceased can challenge the will if they feel they have not received adequate provision.
Stepchildren and Grandchildren: These individuals may also challenge a will if they can demonstrate that they were financially dependent on the deceased and that the deceased had a moral duty to provide for them.
Other Dependents: Any person who was financially dependent on the deceased at the time of their death may have grounds to challenge the will.
Former Spouses or Partners: In some cases, a former spouse or partner may challenge a will if they were receiving or entitled to receive maintenance from the deceased.
The challenge is typically based on the grounds that the deceased had a moral duty to provide for the claimant and failed to do so adequately.
If you are making a Will, your lawyer will explain to you who have a moral obligation t provide for in your Will. If necessary, your lawyer will advise you of strategies to minimise a successful challenge to your Will.
Alternatively, if you think you have not been provided for adequately in a Will and you are unsure if you are eligible to challenge the Will, you should contact a lawyer immediately. Anyone who wishes to challenge a Will in Victoria has 6 months from the date of a grant of Probate to commence proceedings.
DISCLAIMER: This article is provided for general information purposes only. It does not constitute specific legal advice or opinion. Although our aim is to provide you with as accurate information as possible, you should not act or rely upon the information in this article without seeking the advice of an experienced lawyer who specialises in the particular area of law relevant to your inquiry. Please do not hesitate to contact Murnane Legal to make further inquiries or to make an appointment to discuss the specifics of your situation.
