Contesting a Will
You can contest a Will on a variety of grounds. You can challenge the validity of the Will itself because you think it was made at a time when the Will maker was not of sound mind, or was unduly influenced or pressured by another person, when making the Will.
You can also contest a Will because it doesn’t adequately provide for you. Anyone who had a close and significant relationship with the deceased person such as a child, a spouse or partner of the deceased, may be eligible to contest the provisions of a Will.
How to contest a Will or deceased estate
Unfair Wills, trusts and deceased estates can be contested with the assistance of Maurice Blackburn Lawyers.
If you believe that you have been unfairly provided for in a Will, speak to a Maurice Blackburn solicitor about how we can help your successfully contest a Will. We are able to 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.
If you think you have been unfairly provided for and want to contest a Will, speak to Maurice Blackburn today. We fight for fair.
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.
Frequently Asked Questions
Anyone who had a close and significant relationship with the deceased, such as family members and long-term friends may be eligible to contest a Will. Carers may also be able to challenge a Will if they believe the deceased had a responsibility to provide for them and failed to do so in their Will.
If you are a child of the deceased and you were not close to the Will maker, or had no contact with them for many years, this does not prevent you from making a claim.
If you intend to challenge a Will, it is very important that you do not delay in making a claim. If you are unsure how long you have to challenge a Will, please contact us today.
Wills dispute claims are called ‘family provision claims’ in the ACT, NSW, NT, Queensland and SA; ‘testator’s family maintenance claims' in Tasmania and Victoria; and ‘inheritance claims’ in WA.
No matter what state or territory you’re in, these claims can be made by anyone who can show that a Will maker had a moral obligation towards them, and that their entitlement in a Will is not enough for their maintenance and support.
When someone makes a Will, they have the right to leave their Estate to whomever they like. But the court also recognises that Will makers may have a responsibility to provide for other people who were not included in a Will. In determining whether you have an entitlement, the court will look at a number of factors, including:
- the type of relationship you had with the deceased
- how long the relationship lasted
- if you made any contributions to the deceased's Estate
- if the deceased made any promises to you
- the size of the Estate,
- the financial needs of any other people who may have a claim to the Estate