Challenges to Wills

Since changes to Part IV of the Administration & Probate Act 1958 (Vic) in 2015, the range of people who can challenge a Will and bring a family provision claim against an estate in Victoria has been significantly narrowed.

Now, only the following ‘eligible’ people may can make such an application:

• Spouse or domestic partner, including former spouse or domestic partner;
• Registered caring partner;
• Adult child, stepchild, adopted child;
• Special needs child, stepchild or adopted child;
• Grandchild;
• Member or former member of the deceased’s household; and
• Spouse or partner of deceased’s child who dies within a year of the deceased.

By contrast, the following categories of people are now ineligible to claim (unless they were part of the deceased’s household):

• Parents;
• Siblings;
• Nephews and nieces;
• Cousins;
• Anyone else.

A Will can also be contested or challenged in some circumstances including the following:

1. The Will was incorrectly executed or was tampered with.
2. The Will was executed under pressure from others.
3. The will-maker was incapable of making a Will.
4. The Will was incorrectly administered.

At KMK Legal we can advise you on the criteria to be established to be able to contest a Will.

If you are a beneficiary who believes you have not been adequately provided for or have been left out of a Will altogether where you feel you ought to have been included, we can advise you and, if necessary, attempt to negotiate a settlement without recourse to litigation in most cases.