Do not panic if your name is missed in a will made by your deceased bread winner. With Victorian Legislation, there is an option called Contesting a Will. This means that if your deceased bread winner had missed out mentioning your name in a Will while declaring shares of assets and properties earned. If the person is alive, then changes can be made so you can include your name. If Will maker is deceased then you need to file a case against Executor (this is the person who is mentioned in Will). Unlike other estate disputes, challenging a will cannot be settled outside the court in most cases. Court decision is final and necessary to ensure effect of any changes made to Wills. Court proceedings stand strong in effecting changes made to Will by mediating applicants and executor.
What needs to be proved?
Certain factors need to be proved to win challenging a will. Will maker should mandatorily have assets in Victoria as legislation has its own territory. If you want to be an applicant, then you need to be eligible in terms of relationship and duty bound with deceased will maker to support your maintenance according to legislation. Even if you have legal rights to claim but little shares of assets have been assured for you in will, then you are eligible to file a case against Executor. With certain limitations and mandate of court proceedings in many cases, it is always better to hire a lawyer and settle these disputed Wills under court mediation. Contesting a will Victoria with help of lawyer can fetch your claim of rights.
Mandates in challenging a will
Timeframe is an essential factor that needs to be considered as within 6 months of time, probate needs to be granted. If you are late then your rights shall not be claimed. Still that not ends of the show. Efficient lawyers can still guide you in how to claim your rights. If you claimed your rights, then its executor’s duty to pay for your entire lawyer’s fees and other legal charges if any. Prepare yourself better before contesting a will.