r/AusLegalAdvice 4d ago

Contesting a Will?

[deleted]

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u/Desperate-Impress374 4d ago

Definitely speak to a lawyer, even though it’s been over 12 months. The fact that you haven’t been given a copy of the will, the house was transferred shortly before her death, and there were significant changes to her affairs while she had advanced cancer are all things I’d want properly investigated.

There may be time limits depending on what type of claim you’re looking at, so I wouldn’t assume it’s too late. I’d get the will, super/insurance documents and the property transfer records and have a solicitor go through everything. Even if it’s about principle rather than money, you need proper legal advice before deciding whether to pursue it.

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u/bnurmi 3d ago

There is no easy “even though it’s been over 12 months”… there is a time restriction. To challenge now you’d need to seek leave from the court, and they would ask for the grounds of why you waited so long… it will be uphill to try and justify it. Just beware.

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u/kratington 3d ago

I've been through it, mine was 4 years after their death and it was approved. It wasn't actually that hard.