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Last WILL contesting/challenge

Information about WILL

Last WILL contesting/challenge

WILL Contesting Lawyers Essendon and Melbourne CBD

Wills may be challenged regarding validity for a number of reasons. Family members, dependents and beneficiaries named in the Will may question the validity alleging that it should not be held as the last Will of the Will maker.

In order to challenge a Will, a person must have standing to do so. This means that the challenger must have an interest in the Will either as a beneficiary or if they are an eligible person on intestacy ie the next of kin in intestacy.

One of the following grounds must be established for the Court to deem a Will as invalid including:
  • Lack of capacity or intent – where the Will maker did not understand the nature and effect of the Will
  • Lack of knowledge and approval – where the Will maker did not approve of the contents of the Will
  • Fraud – where the Will maker was misled by a beneficiary into giving them a benefit or preventing another person receiving a benefit
  • Undue influence – where the Will maker was physically or psychologically threatened into making a Will against their wishes
  • Forgery – where the Will was not actually signed by the Will maker

If any person with standing believes any wrongful actions have occurred when you made and executed your Will, then they may challenge on the grounds of invalidity.

Contesting a Will may feel confrontational and complex but fret not as our expert team of estate litigation lawyers are here to support and direct you every step of the process to ensure that they challenge the Will as to what is deservingly yours to begin with.

We have years of experience in supporting clients in WILL contesting. Given our depth of experience we have ample competence in navigating this area and we take pride in making this process fuss-free for our clients.

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Our Founders Sidney Mendis and Anna Gibson established Mendis & Gibson Lawyers nearly 20 years ago. Over the decades, we have grown to become one of the leading Law firms in Melbourne with offices in North West, Melbourne CBD and South East.

Main Office (Niddrie/Essendon)

Melbourne CBD

Dandenong Office

IMPORTANT LINKS

Our Founders Sidney Mendis and Anna Gibson established Mendis & Gibson Lawyers nearly 20 years ago. Over the decades, we have grown to become one of the leading Law firms in Melbourne with offices in North West, Melbourne CBD and South East.

Main Office (Niddrie/Essendon)

Melbourne CBD

Dandenong Office

IMPORTANT LINKS

IMPORTANT LINKS

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