Blog
Category: Contesting a Will
The 6 month rule – executors should wait 6 months before distributing a deceased estate
Distributing a deceased estate can be a relatively straightforward process, and if the estate is not complex and there are no unusual factors, it can be completed in a relatively short time frame. However, before the executor can begin distributing the estate, there are a few things they must consider.
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Time limits for family provision claims when contesting a Will
There are strict time limits that apply for an eligible person to contest a Will. This blog explores what a family provision claim is, the time limit for an applicant to bring a claim against an estate, and factors that the court will take into consideration when determining whether that time limit should be extended.
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Mediation in family provision claims when contesting a Will
As part of a family provision claim (contesting a Will or estate), you will be required to participate in a mediation to try to resolve the dispute outside of court.
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Estrangement in family provision claims
We explore how estrangement is treated in family provision claims, and what a Will-maker may be able to do to protect their assets from potential claims contesting a Will.
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What is undue influence towards a Will-maker?
If you have suspicions that a vulnerable or elderly family member has been unduly influenced in drafting or changing their Will, you may wish to challenge the Will’s validity on this basis.
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Estate planning for blended families
Wills for blended families take into consideration scenarios where you’ve separated and subsequently re-partnered, and you have children from a previous relationship and/or children/stepchildren with your current partner.
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Who can see a person’s Will in Victoria?
In this article, we look at who is entitled to see a Will of a deceased person, how they access that Will and their legal recourse if access to the Will is being obstructed.
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The role of executor of a Will
We explain the role of your executor after your death, including their responsibilities and obligations and what you should consider when appointing an executor.
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Do I have to include my family in my Will?
In this blog, we look at whether people are obligated to include family members in their Will and any restrictions imposed on a person’s ability to choose who may benefit from their estate.
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