Contesting a Will
What is contesting a Will?
You can contest a Will on a variety of grounds:
- You believe the Will does not adequately provide for you.
- You were dependent on the person who died.
- Your relationship with the deceased began after the last Will was made.
- The Will doesn't take into account the partner or children in another marriage or de facto relationship.
- You can show that the Will maker was not of sound mind when they made the Will.
- You can show that the Will maker was wrongly influenced by one or more of the beneficiaries.
- The Will is unclear.
Who can contest a Will?
Anyone who had a close and significant relationship with the deceased person — such as a child, a spouse or partner — may be eligible to contest the provisions of a Will.
If you're a beneficiary of an intestate estate, and you believe your share is unreasonable, Maurice Blackburn can help you make a testator's family maintenance claim, and fight for your entitlements.
No matter what state or territory you’re in, a claim can be made by anyone who can show that they are eligible to bring a challenge; our expert Will disputes lawyers can advise you if you're eligible.
How to contest a Will
Unfair Wills and deceased Estates can be contested with help from one of our lawyers. At Maurice Blackburn, 98% of our Will dispute cases are settled without the need to go to court.
If you believe that you've been unfairly provided for in a Will, speak to a Maurice Blackburn lawyer about how to successfully contest a Will. We offer a 'no win, no fee'* cost agreement in most matters relating to Will disputes. Strict time limits apply to contesting a Will, so it is important that you obtain legal advice as soon as possible.
All you need to know about Will disputes
Whether you are thinking of challenging or contesting a Will, or if you are the executor or beneficiary of a Will that is being challenged, our Will disputes lawyers can assist you.
Our Wills and estates services
- Will disputes lawyers
- Contesting a Will
- Power of Attorney dispute lawyers
- Defending a Will
- Applying for a court ordered Will
- Overturning a Will