Understanding The Process Of Contesting A Will In Melbourne

By Author: Shan Lawyers
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Understanding the Process of Contesting a Will in Melbourne

When someone passes away, their will outlines how their estate should be divided among family and beneficiaries. However, there are times when a will may not provide fair or adequate support for someone who was closely connected to the deceased. In such cases, it may be possible to contest the will under Victorian law. If you are in this position, seeking advice from an experienced contesting a will lawyer in Melbourne is an important first step.

When Can You Contest a Will?

Contesting a will does not mean challenging its validity. It means asking the court to review whether the will makes adequate provision for certain people who were dependent on or related to the deceased. Under Victorian law, eligible persons may include a spouse, former spouse, child, stepchild, grandchild, or someone who was financially dependent on the deceased.

Each claim is assessed individually. The court considers your financial situation, the nature of your relationship with the deceased, and the overall size of the estate. Because these matters are often sensitive, ...
... it is best handled with professional guidance.

How the Process Works

The first step is to speak with a contesting a will lawyer in Melbourne who can evaluate your situation and confirm whether you have legal standing to bring a claim. The lawyer will review the will, your eligibility, and the relevant time limits.

In Victoria, an application to contest a will must usually be made within six months of the grant of probate. Missing this deadline can make it difficult or even impossible to proceed. Acting promptly ensures your rights are protected.

If your lawyer believes there is a strong case, they will assist you in preparing the necessary documentation and filing your claim in the Supreme Court of Victoria. Most of these matters go through mediation first. Mediation offers a chance for all parties to reach a fair agreement without the stress or cost of a lengthy court process.

Why Legal Guidance Matters

Disputes over wills often involve family members and emotional issues. Having a lawyer ensures that your rights are presented clearly and professionally. A skilled lawyer will negotiate on your behalf, manage communication with the other side, and represent you during mediation or court proceedings if necessary.

At Shan Lawyers, we approach each case with understanding and professionalism. Our aim is to resolve estate disputes efficiently while protecting our clients’ interests. We explain every step of the process so that you can make informed decisions with confidence.

Key Considerations Before Contesting a Will

Before taking legal action, it is important to consider:

Whether you are eligible to contest under Victorian law

The size and complexity of the estate

The relationship you had with the deceased

Your financial needs and responsibilities

A contesting a will lawyer in Melbourne can help you weigh these factors and advise whether a claim is likely to succeed. Every situation is unique, and tailored legal advice is essential.

Conclusion

Contesting a will is a sensitive and sometimes emotional process, but it is designed to ensure fairness and proper support for those who were close to the deceased. If you believe you have not been adequately provided for in a will, the best course of action is to seek prompt advice from an experienced lawyer who understands the Victorian legal system.

For professional guidance and compassionate support, you can reach out to Shan Lawyers, who assist clients throughout Melbourne in estate disputes, family provision claims, and probate matters.

About the Author

Shan Lawyers is a Melbourne-based law firm specialising in wills and estates, family law, and dispute resolution. The team provides practical legal advice and representation tailored to each client’s unique circumstances.