Challenging the Validity of a Will and Testator Family Maintenance Claims

Challenging the validity of a Will

In Victoria, a person who has an interest in a deceased estate can challenge the validity of the deceased’s Will on a number of grounds including:

1. Lack of testamentary capacity when the Will was executed;
2. Fraud;
3. Undue influence; and
4. Forgery.
    

Testators Family Maintenance Claims

A Will can be challenged where the deceased failed to provide adequate and proper provision for the maintenance and support for the claimant in their Will in light of the deceased person's circumstances and their moral obligation.

These are known as Testators Family Maintenance Claims (TFM claim).

A TFM claim is evaluated on its merits. A claim will only be successful if:

1. The claimant is an eligible person;
2. They require financial assistance; and
3. The deceased failed in their moral duty to make adequate provision for them.

If you seek to challenge the validity of a Will or make a TFM claim, it is strongly urged and recommended that you act quickly due to strict time limits to commence legal proceedings.

We can discuss whether you would have any grounds to challenge the validity of a Will or make a TFM claim, next steps and costs. Contact our Wills and Estates team on (03) 9739 7377 for a free 30-minute consultation.

This information is correct as at 2 November 2023 

Written by RNG Lawyers Wills and Estates Lawyer Ash Sahota