Category Archives: estate lawyers

The Ways to Claim and Challenge a will

The death of any of the family member is a difficult time for the other members of the family. Many arrangements are needed to be made. One among them is the carrying out of the deceased person’s will. When a deceased person leaves behind a will he would have arranged someone to deal with his movable and immovable properties. The court grants him the power to deal with the deceased property. This gives him the power to alter the money left and even pay the debts if any and finally distribute the leftover to the legatees mentioned in the will. In case one of beneficiaries feels proper justice has not been done to him or her then Contesting a Will Victoria is possible by making a claim under the inheritance act. This covered to the spouse, someone who was financially dependent on the deceased or anyone who received maintenance from the deceased till he or she was dead. But this claim should be made within six months before judiciary issues a certificate saying that the will is genuine and conferring powers to the executors.

Ensure grant is issued or not

People who are unsure if the grant has been issued or not can get it confirmed at their local district probe registry. It is advised that these people do not go there in person instead they can write a letter and get the job done.  People who are Contesting Wills need to make a small payment for this service but if the grant has been issued they would send a copy with the will attached to it. If they do not find a grant then they would inform it by sending a letter.

People Ought to Think and Act

When the people are not aware where a Grant has been issued they can make a request to the Probate Registry to implement a standing search. This has a validity period of six months and once if probate is granted the people will be notified by the Registry. Along with that they would provide a copy of the Grant as well as the will. It would be sensible to contact a well experienced solicitor to take special advice.