Grounds to Contest a Will in Victoria.
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The Grounds for Contesting a Will in Victoria
You must be an 'eligible person' to make a claim;
1. You need to show that the deceased had a moral obligation to you but did not make adequate provision for your proper maintenance and support;
2. To be successful you must show you have a financial need greater than that of other family members and that the estate is large enough to provide for you without greatly affecting the share of the beneficiaries named in the will.
Breaking Down Family Member Priority
The court sees some family members having priority over others. Here are some details that will help you understand the different priorities, categories or rules for contesting a will.
- The court will not change a will just because it is unfair.
- All applications for provision are based upon the financial circumstances and the health of each family member and conduct of the parties.
- Certain family members can expect more provision than others.
- Spouses are generally regarded as having more need than other family members.
- The length of a relationship such as a spouse relationship is very important.
- Generally a child will have a stronger claim than say a stepchild or grandchild.
- Someone who was dependant upon the deceased will have a stronger claim than children, stepchildren or grandchildren.
- Generally a young child will have a stronger claim than older children, stepchildren or grandchildren.
- Generally a disabled child will have a stronger claim than older children, stepchildren or grandchildren.
Time Limits for Contesting a Will in Victoria.
You have 6 months from the grant of probate to file your claim to contest a will. If you are late filing your claim you can apply for an extension of time however you must be able to demonstrate to the court that the estate would not be prejudiced in bringing a claim out of time and state your reasons for the delay in making the claim.
Like other States it is extremely unlikely you will get an extension of time if the estate has been distributed after the expiration of 6 months and before your claim has been filed with the Court.
