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Contesting a Will

Our firm has acted successfully upon a range of contested will matters. We understand the challenges an individual faces and feels when they find out they have been left out of a will, and strive to continually advocate and achieve a positive outcome for our clients. 

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Contesting a Will

Finding out that you have been left out of a loved one’s Will can be hurtful. Receiving information such as this can be challenging, especially at a time when you are grieving the loss of loved ones.

 

In order to make sure the wrong is set right, it is important to act quickly. When tackling such a difficult and emotional decision, it is imperative that you employ Solicitors you trust. If you feel that you are entitled to the assets of a loved one and have been wrongfully left out, you must give careful consideration when contesting a will.

As per the law, it is possible to challenge the validity of a Will after a person dies, on the following conditions:

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

  • If the deceased made the Will under the influence of an outsider

  • If an individual contesting the Will believes that they are entitled to receive more from the deceased's estate than stipulated in the Will.

  • As a biological child of the deceased you may be entitled to a claim to the estate 

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

Although the law recognises that the right to decide who receives what share of his/ her assets lies with the individual, it is possible for errors to occur. Very often sound reasons to contest a Will do present themselves. In such cases, it is important to have competent legal aid by your side.

Have you been discarded in a Will or have you been under catered for in a Will? We can assist in remedying the gross unfairness. If this is the case it is imperative that you act swiftly in engaging a competent solicitor preferably prior to the assets being dispersed

Our team also understand the further financial and emotional impact having a matter going to court can make. Thus we strive to when possible resolve contested wills outside of court to save on costs.

If you are feel you have been left out of a Will you should have been entitled to please contact one of our experienced Narre Warren estate lawyers today, whom will be able to ascertain your position and rights to the deceased estate in a 30 minute obligation free appointment. 

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Narre Warren

Level 1, Suite 5C

64 Victor Crescent

Narre Warren VIC 3805

T: 03 8769 5670

E: admin@galeafaustinsolicitors.com.au

Melbourne 

Level 4, Suite 1

167-169 Queen St

Melbourne VIC 3000

T: 03 8769 5670

E: admin@galeafaustinsolicitors.com.au

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©2020 by Galea & Faustin Solicitors.

Liability Limited by a Scheme Approved by Professional Standards Legislation. The contents of this website are general in nature and do not constitute legal advice. Legal advice should be sought before relying on the content of this website.