Contested Wills and Testators Family Maintenance Claim

At Kenney Legal, we understand that the loss of a loved one is an emotional and challenging time. The process can become even more complicated when there are disputes over the distribution of the deceased’s estate. Whether you believe a will is invalid or you have been unfairly left out, Kenney Legal is here to guide you through the legal process of contesting a will or making a Testators Family Maintenance (TFM) claim in Victoria.

Contesting a will

A will can be contested for several reasons, including concerns about the validity of the will or the circumstances under which it was made. Common grounds for contesting a will include:

  • Lack of Testamentary Capacity: The testator did not have the mental capacity to understand the nature and effect of their will when it was created.

  • Undue Influence: The testator was coerced or pressured into making the will or including certain provisions.

  • Fraud or Forgery: The will was tampered with, or the testator was misled about its contents.

  • Lack of Knowledge or Approval: The testator did not fully understand or approve the contents of the will.

Testators Family Maintenance (TFM) Claim

If you believe that you have not been adequately provided for in a will, you may be entitled to make a TFM claim. In Victoria, the law recognises that certain family members and dependents should be provided for, even if the will does not reflect this. Eligible persons to make a TFM claim include:

  • Spouses or domestic partners

  • Children (including adopted and stepchildren)

  • Grandchildren or other dependents who were financially supported by the deceased.

How we can help

Kenney Legal is dedicated to providing personalised and honest legal advice to those involved in will disputes. We can assist you with:

  • Evaluating Your Case: We provide a thorough assessment of your situation and advise on the likelihood of success in contesting a will or making a TFM claim.

  • Navigating the Legal Process: We handle all aspects of the legal proceedings, from gathering evidence and filing court documents to representing you in mediation and court hearings.

  • Mediation and Negotiation: We aim to resolve disputes efficiently through mediation, helping you avoid the stress and expense of a prolonged court battle.

  • Court Representation: If your case proceeds to court, we will advocate vigorously on your behalf to achieve the best possible outcome.

With years of experience in contested wills and TFM claims, Kenney Legal understands the intricacies of estate law in Victoria. We are committed to providing compassionate, clear, and effective legal support during what is often a difficult time.

Our Fees

  • Professional hourly rate $330

If you are considering contesting a will or making a TFM claim, contact Kenney Legal for an initial consultation. Let us provide the expert guidance you need to protect your rights and interests.