Who Can Contest a Will in Victoria.
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What Family Members are Eligible to Contest a Will in Victoria?
Every family is different and every case is different and there is nearly always an exception to every rule.
1. Spouse of the Deceased.
2. Former Spouse of the Deceased.
3. Child of the Deceased.
4. Parent of the Deceased.
5. Stepchildren of the Deceased.
6. Any Person in a Relationship with the Deceased.
The Rules for Grandchildren Contesting a Will
A grandchild can claim that he or she has been left without adequate provision from the estate of their deceased grandparent but these cases can sometimes be a little more difficult than other cases and you are advised to discuss any potential claim with your preferred lawyer.
If you are a grandchild you are eligible to make a claim. However, to achieve a successful claim you need to demonstrate that you were wholly or partly dependent upon the deceased for your proper maintenance and support and that at the time of death the deceased had a moral duty to provide for you for your proper maintenance and support and that the distribution of the deceased estate failed to make adequate provision for your proper maintenance and support.
Exception to the Rule.
Children are eligible to make a family provision claim in each State so if by chance your grandparent of grandparents had adopted you then in that case you would not actually be a 'grandchild' but a 'child' within the law of each State and entitled to apply for provision out of the estate without the need to prove dependency.
As a child making a Family Provision Claim all you need to demonstrate to the court is your need for provision and that the deceased failed to make adequate provision for your proper maintenance and support.
The success of any claim will depend upon the extent of your financial need and that or your competitors.
