Will disputes: Know your rights. Let the Estate pay your costs.
If you were named in a Last Will but learn or suspect that it was superseded by a new Last Will in which you are not a beneficiary, would you be able to ask for a copy of the new Will?
Section 50 of the Victorian Wills Act lists the persons entitled to inspect a Will:
- Persons that are named in a Will
- Persons who were named in a previous Will
- A spouse or domestic partner of the person who made the Will when they died
- Any person that would have enjoyed a right to benefit if the person had died intestate
- A parent, guardian or child of the person who made the Will
- The parent or guardian of a person under the age of 18 who was mentioned in the Will or who would have been entitled to benefit had the person died
Do you know that if you were a beneficiary of a previous Will but not included in the Last Will, you may be able to challenge the Estate and seek a portion of the Estate under Part IV of the Act? Should you be an eligible person, do you know that your costs are payable by the Estate?
Kerr & Thomas have assisted numerous clients to obtain their fair share of Deceased Estates for over 45 years. We hold the Last Wills of thousands of clients in our custody and continue to bring about successful outcomes for our clients.