Contesting a Will can be a challenging and emotional process, especially if you believe the deceased’s estate does not adequately provide for your financial needs.
In Victoria, the Administration and Probate Act 1958 provides that certain family members or interested parties can challenge a Will through a Family Provision Claim (also known as a Part IV or Testators Family Maintenance claim). However, these claims must be made within strict time limits.
What is a Family Provision Claim?
A Family Provision Claim is a legal process that allows eligible persons (such as a spouse, child, or dependent) to challenge a Will to request a larger share of the estate if the Will does not sufficiently provide adequate maintenance or support for them.
When contesting a Will in Victoria, the court will evaluate several factors, including, but not limited to:
- The claimant’s financial situation;
- The size and value of the estate; and
- The deceased’s intentions and relationships with the claimant.
The Time Limit for Family Provision Claims in Victoria: 6 Months
In Victoria, the time limit for Family Provision Claims is 6 months from the date of the deceased’s estate receives a Grant of Probate or Letters of Administration. This is a strict deadline, and if the claim is not filed within this time frame, you may lose your right to contest the Will.
The Supreme Court of Victoria keeps an online record of all applications for Grants of Probate and Letters of Administration. To check if a grant has been made, you can search the Probate Application Index.
Can the Time Limit be Extended?
While the 6-month time limit is generally strict, the Court will, in some situations extend this time limit. Extensions may be granted if the claimant can prove that there were exceptional circumstances that prevented them from filing within the deadline. However, any request for an extension of the time limit needs to be made prior to the estate being fully administered and distributed to beneficiaries.
If you believe you may have a valid reason for missing the deadline, it’s crucial to see legal advice as soon as possible. The court will carefully consider your application, and delays in seeking legal advice could negatively impact your case.
What Happens If You Miss the 6-Month Deadline?
If you fail to file your Family Provision Claim within the 6-month period and cannot obtain an extension, you may lose your right to contest the Will. This is why time is of the essence in these matters and it is essential to act quickly if you wish to challenge the distribution of the estate.
Act Quickly When Contesting a Will and Seek Legal Advice
Acting quickly is important when contesting a Will. By seeking the assistance of our Wills and Estates Team, we will help you make informed decisions and increase your chances of securing a fair outcome.
If you’re considering contesting a Will in Victoria and making a Family Provision Claim, remember that the time limit is 6 months from the date of a Grant of Probate or Letters of Administration being issued by the Supreme Court. Failing to file within this period could prevent you from making what would have otherwise been a good claim.
Contesting a Will and making a Family Provision Claim can be a complex and sensitive process. Having the right legal advice is essential to understanding your rights and improving your chances of success. Our Wills and Estates Team can help you:
- Assess whether you are eligible to make a claim;
- Ensure that all deadlines are met; and
- Guide you through the legal process and represent your interests.
If you believe you have a legitimate claim, contact Andrew Meiliunas as soon as possible on 03 9614 7111 or email us at willsandestates@nevettford.com.au.