When a family member or loved one passes away in Bendigo, what they own becomes an estate that is distributed through a will. Often times, these documents can be produced unfairly and leave particular people out. As a result, many circumstances call for the will to be challenged and reviewed. This is where the experienced and professional JS Law team can help.
While laws vary state to state, people who are eligible to challenge a will include the wife/husband, former spouse/partner, child/stepchild/grandchild, parent, carer, sibling of the deceased and more. The validity of their will can be contested after they die if:
- The deceased did not have the capacity to make a will at the time you signed it
- The deceased made the will under the influence of others
- A person who the deceased had a responsibility to provide for, believes they haven’t been left a fair share of the deceased assets.
- If there is belief that the will has been forged in some way
To make a claim to challenge a will, you must contact a lawyer who can review your case and assess the merits of your claim. The JS Law team can help you through the entire process from application to settlement.
Prior to making a claim you must ensure:
- The deceased was domiciled in Victoria as at the date of death
- The deceased owned real property in Victoria at time of death
- The person lodging the claim is an eligible applicant
In most situations when someone passes, an executor named in the will has the responsibility to file for a Grant of Probate, which essentially provides all the information about the individual’s personal information and assets. There is approximately a 6 month period from the date of grant of probate to the contest of the will.
For all your wills and estates queries in Bendigo, contact the Tristana Freeman from the JS Law team on 03 5444 1181. We are happy to answer any of your questions and look forward to your call.
