Challenging a Will

Sometimes there are situations where a Will may need to be challenged. There may be a question over whether the deceased was sound of mind when making the Will, or perhaps a family member feels they haven’t been adequately provided for under the Will. 

It is important to note that Wills can only be challenged by ‘eligible persons’. This includes:

• Former spouses of the deceased;
• Adopted or step-children of the deceased;
• A parent of the deceased’s children;

The deceased’s parents, grandchildren or any other person wholly or substantially maintained by them prior to your death.

Depending on the reason for Challenging a Will, it may be necessary for the Courts to determine the validity of the Will. Alternatively, if you’re challenging what’s been provided for you, then an application for further and better provision from the Estate will need to be made. This is known as a Family Provision Application.  

Challenging a Will can feel like an intimidating process, and there is never a ‘one size fits all’ approach. You can put your trust in the team at Kelly Legal to give you invaluable advice and solutions for a way forward.

Defending a Will

Executors may find themselves involved in defending a Will, if certain family members or beneficiaries feel they were not adequately provided for or would like to argue the validity of the Will. 

In these situations, we advise you seek assistance as soon as possible to avoid lengthy disputes. 

If the Will is found to be invalid, the Will made previous to the final one, will be looked at. If that Will is found to be valid, probate will be granted to the executor of the valid Will to administer the Estate and distribute assets.

Our experienced lawyers can guide you through the process to ensure the right settlement occurs. Contact the Kelly Legal team on 4911 0500.

Estate Litigation

When a loved one dies, it can be difficult for those left behind and emotions can run high causing disputes between family when it comes time to distribute the Estate. 

Whether you are appointed an Executor, trustee of the Will or are having complications with family or nominated beneficiaries, receiving the correct legal advice is extremely important for the right outcome. 

The team at Kelly Legal are your friendly, professional experts in all things Estate Litigation, whether it be challenging or defending a Will, ensuring assets are protected or acting on your behalf to resolve disputes.