What is a grant of probate? A grant of probate deals with the assets and liabilities of the deceased. But executors and administrators also have duties and rights concerning the deceased's causes of death and body disposal. The deceased Cause of death- suing for damages and/or defending will...
What is probate of a will in Victoria? These are the most common enquiries we receive about Probate: What is Probate? Do I need a grant of probate? What happens If I'm the executor and I can’t afford the funeral expenses? Am I capable of...
How to contest a will Discover our top 6 tips on how to contest a will and how to know can will be contested. Get a copy of the Will This is not always possible if the executor is resisting. However, if you are an immediate family member...
In 1998, Victoria introduced the Testator’s Family Maintenance claim through Part IV of the Administration & Probate Act 1958 (Vic) (“the Act”). This allowed a person to seek either provision from a deceased Estate or an increase in their provision. The definition of ‘eligible person’...
The law in Victoria has not yet changed and the following cases show examples of successful challenges of wills by grandchildren. Remember, you have 6 months from the grant of probate of the will after death, to use the court to challenge a will. In...
Changes to the law proposed- may disadvantage those left out of family member's wills. Currently in Victoria if a family member who was left out of a Will challenged it, then they would have some chance of success provided that the deceased had an obligation to provide...
