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 & Associates 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 & Associates 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 JS Law & Associates team on 03 5444 1181. We are happy to answer any of your questions and look forward to your call.
