Who can contest
How to contest a Will
If you believe your share of a Will is not adequate, or if you've been left out altogether, you may be able to challenge the Will. If there is no Will, and you think the intestacy provisions are operating unfairly, you may also be able to bring a challenge. People commonly contest Wills on the basis that their entitlement in the estate is not enough for their maintenance and support. This is known as a testator's family maintenance claim.
You may also be able to contest the Will if any of the following apply:
- 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.
Claiming your fair share
Will dispute claims are called ‘family provision claims’ in the ACT, NSW, NT, Qld, and SA, ‘testator’s family maintenance claims' in Tas and Vic, and ‘inheritance claims’ in WA.
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.
Contesting the distribution of an intestate estate
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.
Our Wills and estates services
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- Who can contest a Will?