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*On most probate matters, we are willing to act solely for our legal expenses, without profit or fees. Find out today if you qualify.
It's been a long road and it will be great to close this issue after more than 4 years.
I want to thank you and the Hentys team for your hard work, professionalism, dedication and effort. Without your support in this matter, we would never have been able to achieve this positive result. And mother would never have seen a penny of her mother's property.
The family is immensely grateful to everyone involved - David Fodor
No profit no commission*
*On most probate matters, we are willing to act solely for our legal expenses, without profit or fees. Ask us if you qualify.
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We assess your situation so you know the best way to proceed.
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We handle hundreds of disputes and over 95% have been resolved out of court
NO RISK TO YOU
We assess your situation so you know the best way to proceed.
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We keep you informed and participate in every step of your inventory dispute
NO RISK TO YOU
We assess your situation so you know the best way to proceed.
Unless there are legitimate reasons, Victorian courts are unlikely to change a valid will. Therefore, challenges to a will in Victoria are only possible under certain conditions.
With years of experience in the industry, Hentys lawyers have handled a number of will disputes and are in the best position to help you contest a will. If you are considering contesting a will, the following information may be helpful.
ANSWERS TO A WILL WITH HENTY ADVOGADOS
At Hentys, we understand that the death of someone close to you is a difficult time, and defying your will can make things even more difficult. However, that shouldn't stop you from following what's right. We are here to help you get what is rightfully yours in a property.
We feel committed to the interests of our customers and accompany and represent them throughout the entire process. Having worked on several contentious probate cases, the Hentys team knows how to provide the right advice and support every time.
- We are committed to providing complete and accurate advice at all times.
- We will answer all your questions promptly and in understandable German.
- We will keep you informed of your options and progress throughout your case.
ARE YOU THINKING ABOUT QUESTIONING A WILL?
Victoria has strict deadlines for contesting a will. If you believe you have been treated unfairly, it is important to act quickly as real estate funds can sometimes be sold, transferred or spent and you may not have any assets or money to claim.
If you feel you are not adequately covered by a will, contact the Hentys Rechtsanwälte team today. During your free initial consultation, we will guide you through the entire process and when you choose our team in Melbourne, we will ensure you feel comfortable and informed about your case from start to finish.
Firstly, we check whether you have the right to claim and make sure that the claim is made within the imposed deadlines. We will also help you determine if the basic requirements have been met to proceed with your case. Once we've established that, we can start the process.
Feel free to ask, we offer a free initial consultation and are willing to negotiate without earning any fees. You have nothing to lose!
For more information, see ourFrequently Asked Questions about Contesting a Will.
- defy the will
common questions
In Melbourne, the most common reasons for a probate dispute to occur are as follows:
- The executor was unable to write the will at the time it was signed
- The will was subject to fraud, forgery or was made under the influence of a third party
- There was insufficiency and insufficient witnesses to sign the will.
- The will was not signed.
If you are considering contesting a will, it is important to note that your application must be made in Victoria:
- Within six months from the date of grant or administration, OR
- Three months from the cancellation of the discount.
In certain cases, the court can extend this period while the estate is not fully administered. However, this extension is not a guarantee.
You can contest a will if your relationship with the deceased falls into one of the following categories:
- You are the husband or wife of the deceased at the time of death.
- Was in a stable relationship with the deceased (including same-sex couples) at the time of death
- Are you the deceased person's child?
- You are the deceased person's ex-husband or ex-wife
- Were (at some time) wholly or partially dependent on the deceased and at all times a member of the same family as the deceased
- You are a grandson of the deceased who (at some point) depended on him in whole or in part
- Had a close personal relationship with the deceased at the time of death.
In determining whether or not a will is valid, the court considers the following questions:
- Is it the last will of the deceased?
- Was the will executed correctly?
- Does the will provide enough for family members?
- Was the executor able to pass judgment at the time of writing the will?
- Was the executor able to pass judgment at the time of writing the will?
- Was the will made under undue influence?
- Was the will changed after it was signed?
If the executor was assisted in making the will by someone who could greatly benefit from it, that person may have to show the court that there was no pressure, coercion or fear involved in making the will.
It is important to note that flattery and persuasion are not illegal and therefore the court will not annul a will unless it concludes that there was undue influence. "Improper interference" means that the executor's will has been coerced to the extent that the resulting will is contrary to the executor's actual intentions.
A person contesting a will alleging undue influence must prove the fact with all details and supporting evidence. It is not a statement to be taken lightly.
A will can be contested if adequate provisions have not been made for certain defined beneficiaries, regardless of whether a will exists and whether or not the beneficiary is named in it.
The court will likely order a mandatory conciliation session before each hearing, unless there are specific reasons, such as a risk of violence.
At Hentys Rechtsanwälte, we understand that contesting a will can be a confusing process, made even more difficult by the emotional circumstances involved. As a customer of Hentys, we are committed to helping you understand the legality of your case and helping you file your complaint within the imposed deadlines.
Contesting a will and contesting a will are two very different things.challengeA will exists when you have been left out of the will or you feel unfairly treated by the testator in his will. Therefore, you are applying for family benefits.
AChallengeA will is contesting a will or saying that the will itself should be annulled. These types of cases usually occur when the person who made the will suffered from a degenerative mental illness or was pressured to change his will.
- In Melbourne, only adults over the age of 18 can make a will (however, in some jurisdictions, military or married minors are entitled to make a will).
- In Melbourne, testamentary capacity is assumed for adults. It is only contested in the case of madness, madness, under the influence of drugs or if they otherwise lacked the mental capacity to form their own will.
- In Melbourne, to contest a will on the basis of mental ability, you must be able to show that the executor did not understand the consequences of making the will at the time it was made.
Fraud, counterfeiting and undue influence
- This usually involves someone manipulating the vulnerable person to hand over all or most of the property to the manipulator.
- In all jurisdictions, “undue influence” simply means that the person was not given free will to make their own decisions or negotiate because of the handler.
- As a result, the “testament” becomes a document that does not record the true testamentary will of the executor and is therefore declared invalid.
Insufficient or inadequate witnesses
- In Melbourne, the will must be dated and signed by the executor in the presence of at least two adult witnesses. If this is not done, the will may become invalid because it is incomplete.
An unsigned will
- In Melbourne, an unsigned will will in most cases be considered invalid as it does not meet the requirements for executing wills as described inTestamentogesetz 1997.
- For exceptions to this rule, see thebook pagewhether an unsigned will is still valid.
Our simple 4 step process
check your claim
A call is all it takes to confirm whether or not you have a valid claim.
evaluate your case
We will estimate the amount of your claim and if you are eligible for our No Win No Fee option for our attorney fees, no charge
start procedures
We accompany you every step of the way and manage the entire process on your behalf.
complete your case
We use our knowledge and experience to reach the agreement you are entitled to