16/07/2019
Contesting a will - In Victoria, if a person has been left without adequate provision from a deceased estate, they may be able to contest the Will. Such an action is called a "Testators Family Maintenance Claim", or "TFM claim". In Victoria, you may contest a Will if you are an Eligible Applicant; and
You believe that you have been left without adequate provision. The Court considers a number of factors when ascertaining whether an estate has made adequate provision.In Victoria, the time limit in which to contest a Will is 6 months from the date probate has been granted to the executor(s) of a deceased estate, pursuant to Section 99 of the Administration and Probate Act 1958 (VIC).
A claim may be brought beyond the 6 month period upon application to and approval from the Supreme Court. It is up to the claimant to show that the estate would not be prejudiced in bringing a claim out of time and the reasons for the delay in making the claim.
However, it is imperative that the estate has not been distributed after the expiration of 6 months and before the claim has been filed with the Court.
If you are unsure of whether your claim has exceeded the 6 month time limit and what options are available to you, we encourage you to contact our team for a free appointment.
