Can I Exclude Someone From My Will?
In Victoria, while you generally have the right to distribute your estate as you see fit, excluding a family member from your will can lead to legal complications. Under the Administration and Probate Act 1958 (Vic), certain individuals, like spouses, children, and financial dependents, can make a family provision claim if they believe they haven’t been adequately provided for. To minimise the risk of a claim, you can document your reasons for exclusion in a Letter of Wishes, provide a small bequest, or create a testamentary trust.
Challenging a Will: Do You Have a Valid Claim?
Contesting a will in Victoria can be a complex process, but understanding the valid grounds is essential before taking action. Common reasons for challenging a will include lack of testamentary capacity, undue influence, improper execution, and family provision claims. Successful challenges often depend on providing clear evidence that the will does not reflect the true wishes of the deceased or that proper legal procedures were not followed. Whether you're questioning the mental capacity of the testator or feeling inadequately provided for, it's crucial to seek legal advice to determine the strength of your case under Victorian law.