What are the 3 ways of contesting a will?

First, you can say (with evidence that will satisfy a court) that the will is NOT the will of the deceased because:

  • the deceased was not of “sound mind” when the will was signed because of mental incapacity (dementia, psychological or psychiatric condition, or whatever)

or

  • the deceased was unfairly persuaded by some relative, carer etc to make the will in circumstances where there is suspicion. Who drove the deceased to the will making /signing appointments? Who was present in the room? Who gave the instructions for the content of the will etc?

Second, you can bring a Family Provision claim saying that the deceased owed a moral duty to include you in the will and that you are in financial need.

Moral duty

We have prosecuted successful claims on behalf of widows, children, adopted children, defacto wives, defacto children, grandchildren, nephews, and nieces, divorced and/or former wives, mistresses, gay and lesbian lovers, carers, sex workers, neighbours, close friends, etc. In other states the potential claimants are often limited to widows, defacto wives and children. In Victoria, family status is irrelevant and moral duty is what counts.

Financial need

If you have just won Tattslotto, we will tell you not to bother.

To bring a family provision claim, you need to demonstrate financial need.

Financial need is a flexible concept. We have conducted claims on behalf of beneficiaries entitled under wills to benefits in excess of $2 million. (But the total estates were worth in excess of $20 million). So, it is all relative. Each case depends on its own unique circumstances.

Third, you can eat the elephant by starting to nibble at the toes. If the evil brother/sister/defacto/carer etc has taken advantage of the deceased prior to death and engineered transfers of assets, those transactions can be investigated and set aside in appropriate circumstances.

Our Promise

peter_connor_home
At Constable Connor, we have successfully assisted clients with will disputes for over 30 years. In almost all cases, we conduct this litigation:
no win no fee no risk
peter_connor_home
Free Phone Help
Book your appointment today.
Call our team on 1800 629 107, or send us your enquiry below.
  • This field is for validation purposes and should be left unchanged.
© 2018 Constable Connor Solicitors | All Rights Reserved | ACN 087 829 883
*Subject to Terms and Conditions. Disclaimer: This site does not provide legal advice: consult a lawyer on the circumstances applicable to your own situation. Liability limited by a scheme approved under Professional Standards Legislation