Time Limits for Contesting a Will in Victoria
Our People:
This is what you need to know regarding time limits to Contest a Will in Victoria.
For additional information about Contesting a Will click here or contact our expert Will Contest Lawyers.
What is the time limit for contesting a Will?
A person eligible to Contest a Will in seeking provision where none has been provided or the provision is inadequate has six (6) months from the date of the Will Probate grant or if no Will the Letters of Administration grant.
How do I find out the date of the Will Probate grant or if no Will Letters of Administration grant?
The Supreme Court Victoria Search Probate Records website maintains a database of all applications for Grants of Probate or Administration. Go to the applications index and type in the deceased’s last name and year of death and click search
Any grant will set out the date it was made. You can then order from the Court the grant documents which include any Will and the grant itself.
I have missed the 6 month Contesting Wills time limit – can I still Contest the Will?
The court can grant an extension of the time limit. An extension of time would usually be granted if:
- Your delay is not substantial.
- The estate has not been distributed or fully distributed. That is entitled beneficiaries have not received the Estate assets.
- You have acceptable reasons for missing the 6 month deadline. For instance you may have been unaware of the deceased’s death or 6 month time limit and on becoming aware have taken prompt steps to obtain a time extension.
What immediate step do I take if my Will claim is out of time?
You should immediately give written notice to the executor or personal representative of the Estate of your intention to make a Will Contest claim despite it being out of time.
On giving that written notice, you have 3 months within which to make your claim in seeking Court approval to do so outside the usual 6 month time limit.
Importantly, once the written notice is given all or any part of the Estate not distributed to the entitled beneficiaries cannot be so distributed before the 3 month expiry.
Get advice now
It is important to get advice and take action on Contesting a Will as swiftly as possible.
Our Wills Contested Lawyers can answer your questions on making a claim whether it is within or outside the 6 month time limit and action making it.
We are experienced Contesting a Will Lawyers offering quality, cost effective advice and representation usually on a no win no fee basis.
If you have a Will Contest claim and are unsure of your legal position get in touch with Andrew O’Bryan or Carl Wilson on 9200 2533 or send us an email.
We have offices at Melbourne, Dandenong and Pakenham.
How to contact our contesting a Will lawyers
Andrew O'Bryan
Galbally & O'Bryan
Lawyers
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533 I M 0400 469 704
E aobryan@galballyobryan.com.au
Carl Wilson
Galbally & O'Bryan
Lawyers
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E cwilson@galballyobryan.com.au
Melbourne Office
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E enquiries@galballyobryan.com.au
Dandenong Office
Shop 9/147-151 Foster Street
DANDENONG VIC 3175
T (03) 9769 2510
E dandenong@galballyobryan.com.au
Pakenham Office
Shop 1, 15 John Street
PAKENHAM VIC 3810
T (03) 5941 7990
E pakenham@galballyobryan.com.au