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Contesting a will

 
 
 

The experienced Narre Warren Estate Lawyers at Galea & Faustin Solicitors have acted on numerous contested estate matters. Our firm has a proven track record of success. We appreciate how it feels to be left out of an estate and will fight fiercely for a settlement in your favour (often without the need to go to trial).

 
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Overview

Discovering that you have been excluded from a loved one’s Will can be upsetting . Receiving information such as this can be challenging, especially at a time when you are grieving the loss of a loved one. 

  

You may have legal grounds to contest the Will, however it is important to act quickly. When undertaking such a difficult and emotional decision, it is imperative that you employ  engage solicitors you trust. If you believe you have been unfairly excluded from a Will, you must give careful consideration if you decide to contest it. We can help with this process.  

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On what grounds can I challenge the validity of a will?

There are established legal precedents that allow eligible persons to challenge the validity of a Will when the testator has passed. Circumstances under which a Will can be contesting may be:  

  • If the deceased did not have the capacity to make a Will at the time it was signed 

  • If the deceased was under duress when they made the Will a beneficiary who believes they have been left with inadequate provisions under the Will  

  • Biological children who have been excluded 

  • We may also assist in making a claim on an estate where the deceased has passed intestate (without a Will)

Whilst the law acknowledges that the right to determine who receives a share of the estate vests with the testator, the circumstances are not always as they seem. As outlined above, there may be a situation where the testator was under duress to draft the Will a particular way. If you are facing such a situation, it is vital that you receive sound competent advice and guidance.

Will I have to go to court?

Going to trial is always a possibility when contesting a Will. However, in the interest of costs it is often preferable for parties to settle outside of court (for instance via mediation). Thus, we strive to settle outside of court where possible to do so. 

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Contact us today to take the first step in contesting a will

If you feel you have been left out of a will you should be entitled to it is important you act swiftly. Contact one of our experienced Narre Warren Estate Lawyers today, whom will be able top ascertain your position and legal rights to the deceased estate.