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contesting a will

Who can oppose a grant of probate?

To oppose a grant of probate, or contest a will, you need to be able to show that you have a legal interest in that deceased estate.

Early inheritance issues and family provision

sandstone carving, Parkes Courthouse, New South Wales, An early inheritance of a mortgage-free home was given to the younger daughter at the time of her marriage. It was well understood by all family members at the time that the other older daughter would receive her inheritance when the last parent died. However things didn’t go to plan.

Testamentary freedom in Australian law and family provision claims

Being free to dispose of your property how and to whom you wish, that is the freedom of testamentary disposition is, as a Supreme Court judge said a “prominent feature of the Australian legal system.   Its significance is both practical and symbolic and should not be underestimated.”1 Of course, like all freedoms it should be …

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Meaning of stepchild when contesting a will

stepchild, family provision, testator's family maintenance,

A stepchild’s eligibility under the statutory rules for seeking provision from a step-parent’s deceased estate can be difficult.

In a Victorian case1 the executor of a deceased estate applied to the Supreme Court to have a claim for family provision dismissed.

The claim was brought by the adult daughter of the deceased’s former domestic partner, who had died some years before. She had been left out of his will, despite assurances and promises to the contrary. The deceased had left everything to his new domestic partner.