A person making a Will must make adequate provisions for the maintenance and support of each person they have a moral duty to provide for, such as: 

• A spouse or de facto partner.
• Children or step-children (biological or adopted).
• A former spouse if there isn’t a property settlement.
• A member of the deceased’s household, such as a grandchild that was financially dependent on the deceased. 

These are known as ‘Eligible Applicants’ and although there are some nuances to these categories, you may have grounds to contest a Will if you fall within one of them. If successful, a court can make changes to the Will following the maker’s passing to include you as a beneficiary. 

Every situation is different, and seeking legal advice early is highly recommended. 

We can help you establish if you’ve been unfairly excluded from a Will, and then assist you with proceedings if required. Your first consultation with us is free, so there’s no financial risk to simply find out if you are eligible to make a Family Provision Claim. 

However, a copy of the Will must be obtained from the Executor to assess whether you have been unfairly excluded.

Yes. In Victoria, there is a strict six-month time frame to contest a Will from the grant of probate. However, this varies across each state and territory, and is dependent on where the Will is administered.

Yes, we can (even if the Will was not prepared with us).

Family Provision Claims can also be made in situations where there is no Will, and the same principles apply. If you believe you are entitled to bring a claim or are unsure about your rights and entitlements, legal advice should be sought as early as possible as a strict six-month time limit applies.

We understand that whether we are representing you as the Executor of the Will or the excluded party, it can be a highly emotive and stressful time. 

From the initial consultation, we will analyse the situation and the anticipated outcomes for all parties involved to ensure you know what to expect from the process. Should you wish to proceed, we will support and guide you, making sure you are kept informed at every stage.