Disputing a Will

Information for Eligible persons – Is the Will valid?

Has your spouse passed away and not left a Will or have they forgotten to update their Will?

Have you been left in a situation where you were dependent upon someone for support and they have not made a Will or left you out?

Did you expect to benefit from a deceased persons Estate, but that person has not left a valid Will, has left you out of their Will or made a gift of a token nature that you believe is inadequate?

Sometimes whether a Will is validly executed is called into question. This often happens when an older person’s capacity is questionable and they have been influenced by an unscrupulous friend or relative to make a new Will.

Sometimes there is a series of Wills and one is not dated and it is hard to determine which is the last Will and which is revoked.

If you have concerns about the validity of a Will please read on below and contact JV Legal to make an obligation free appointment to discuss your options.

To determine whether a Will is valid, a Court will have to answer the following questions:

  • Is it the last Will made by the deceased?
  • Was it executed in accordance with the formal requirements of the Act or does it satisfy the requirements of the Act?
  • Did the will-maker have the testamentary capacity to make the Will?
  • Was the Will altered after it was originally signed?
  • Was there any undue influence involved when the Will was drawn up?

JV Legal can assist you in providing early advice about the validity of a Will and if you decide to proceed with an application we will guide you thorough the process of applying to have the Will declared invalid.

We offer a preliminary, no obligation conference free of charge to new enquiries about whether a Will is valid. Please contact us to make an appointment.

 ‘Family Provision’  orders pursuant to the Succession Act for eligible persons

The Law operates to ensure that adequate provision is made for certain defined eligible persons, whether or not there was a Will and whether or not the eligible person was mentioned in it.

An application must generally be made within 12 months of the death. The period may be extended in appropriate circumstances but it is always better to make the application within time.

If you qualify as an ‘eligible person’ JV Legal may be able to assist you in making an application to share in or seek a greater share of an Estate. We offer a straight forward preliminary advice free of charge to new enquiries. 

Please feel free to call us on 8860 9477 or email us to make an appointment.