Pera Lawyers
Sometimes a will can be challenged for its validity - for example if the proper procedures were not followed. Alternatively, a will can be challenged pursuant to a family provisions claim in Part IV of the Administration and Probate Act 1958 (Vic). In a family provisions claim, it is possible for an eligible person to challenge the contents of a will (even if it was validly made). An eligible person can apply to make a claim on the assets of a deceased’s estate where: The deceased had a moral obligation to make adequate provision for the applicant in the will; and The provisions made under their will for the applicant is inadequate given their financial circumstances.
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