Who usually pays legal costs in a Will dispute?
One of the most critical considerations for anyone thinking about contesting a Will is cost.
Read More
Not in the Will?
Find out if you have a claim that we can help with. Start your free claim check and speak to our experienced team for an obligation free consultation.
Free claim check
Obligation free consultation
No win, no fee
Trusted Will Dispute Lawyers
At Maddens Lawyers, you benefit from more than 70 years of proven legal expertise. Our team delivers clear, practical and comprehensive legal advice, ensuring you feel informed and supported at every stage.
Our Will Challenges team is recognised as one of the most experienced will dispute and estate litigation teams in Victoria, helping clients navigate complex estate matters with confidence.
Contact us for advice that is experienced, reliable, considered and effective - every time.
Frequently Asked Questions
What are the grounds for contesting a Will?
Depending on the specific facts of your circumstances, these grounds may include:
- Family Provision Claims – Certain family members and dependents (primarily spouses and children) are entitled to make a claim against an Estate if they believe they have not been adequately provided for in the Will.
- Lack of Testamentary Capacity – If the deceased did not have the mental capacity to understand the nature and consequences of making their Will at the time it was executed, that Will may be contested.
- Undue Influence – Should evidence suggest the deceased was unduly influenced or coerced into making provisions in their Will, those provisions may be scrutinised and potentially set aside.
- Improper Execution – Wills must be executed in accordance with several specific legal requirements. If the Will does not include these elements, the Will may be deemed invalid.
- Revocation – If a later Will exists that revokes a previous Will, the previous Will may be set aside.
For more information on the grounds for contesting a Will in Victoria, read our team’s blog post here (https://maddenslawyers.com.au/what-are-the-grounds-for-disputing-a-will-in-victoria/).
Do you offer a No Win, No Fee option for Will Dispute claims?
Maddens Lawyers have a No Win, No fee policy for Will Dispute claims. We have adopted our policy to ensure that financial restraints do not affect your right to institute legal proceedings, a fair hearing and recovery of proper damages. Some conditions apply.
Not in the Will? How do I make a claim?
Each Estate is different and has its own features and unique challenges, so it is important to speak to us. Complete the online form and one of our experienced team members will call you for an obligation free consultation.
What are the time limits for contesting a Will?
Stage legislation also outlines the time limits for contesting a Will. Within Victoria, there is a strict six-month period for contesting a Will. An application to contest a Will must be lodged within six months of the Grant of Probate.
Who can contest a Will?
State legislation outlines who can contest a Will. Within Victoria, those that can contest a Will include:
- Spouses – This includes a husband or wife, or a registered or de-facto partner of the deceased. In specific circumstances, former spouses may also contest a Will.
- Children – This includes biological and legally adopted children as well as stepchildren and ‘assumed’ children.
- In very specific circumstances, those considered ‘dependents’ and fall outside the above categories may be eligible to contest a Will.
Latest News
View All
