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VIC Beneficiary - Entitled to Contest Will?

Discussion in 'Wills and Estate Planning Law Forum' started by Sickooli, 3 May 2016.

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  1. Sickooli

    Sickooli Active Member

    3 May 2016
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    Good morning,

    I have an aunt who is single all her life. She bought a house with me and we stayed together for about 3 months until her sister-in-law got involved and then I had to buy my aunt out. She had a will with me being the only beneficiary. She then bought a unit with help from her sister-in-law and I have a big suspicion that the sister-in-law made my aunt do another will leaving everything to her.

    My aunt doesn't speak or write English and when she did her will to me, I had to get a court interpreter to explain what she is signing, so my question is please, if she wrote a new will to her sister-in-law, am I entitled to contest her will? Also, I don't think her sister-in-law would have gotten an interpreter when they did her last will.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Sickooli,

    When a testator is executing a will they must understand the consequences of what they are signing and the nature of the document. They must also have full mental capacity. If the will was not translated for her at the time of signing you may be able to have it declared invalid by the court on the basis that she did not understand the document she signed

    Assuming that any new will that she has executed is valid, you may be able to bring a family provision application, however, you will have to show that the deceased person had a moral responsibility, and failed to observe their legal obligation to make adequate provision for you. You must show you have an economic need for support.
    Sickooli likes this.

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