Contesting a Will, Will disputes, and Challenging a Will

With an aging population and the nuclear family no longer the status quo, thoughtful, expert estate planning culminating in a professionally prepared Will and related documents can help avoid the trauma and cost of litigation at an emotional time following the death of a loved one.

Have you been unfairly provided for in a Will?

Even though the law recognises a person’s right to choose who will inherit his or her property, there are often very good reasons why you might contest a Will. If you feel you have been unfairly left out of a Will, we can help you dispute, contest or challenge the Will to ensure you receive all that you deserve from the Estate.

If you want to contest a Will, we strongly recommend you seek prompt legal advice to ensure that your entitlements are fully protected. Normally you must make a claim within 12 months of the deceased’s passing. In some circumstances, exceptions can be made.

We are able to offer a no-win, no-fee cost agreement in most matters relating to Will.

Contesting a Will

Common reasons you might contest a Will include:

• When the deceased makes no provision or inadequate provision for a de-facto partner (including both heterosexual and same-sex relationships)
• When the deceased has three children and leaves his or her estate to two children in equal shares with no provision for the third child
• When the deceased makes no provision or a lesser provision for a step-child, an out-of-wedlock child or an adopted child
• When the deceased leaves only a life estate in the matrimonial home to his or her partner
• When monetary gifts have not kept pace with inflation or the size of the estate

Defending a Will

We have acted for many executors in defending claims against an Estate. Sometimes, claims are made by people with an inflated sense of entitlement. There are many reasons why someone has been left out of a Will or not provided with an equal share. This often happens in small estates where the deceased felt a moral obligation to provide for a spouse over adult children.

There could well be other problems within an Estate that can give rise to litigation regarding the validly of a will or the bequests made to various people.

Lack of Testamentary Capacity Claim

A beneficiary of an earlier Will can challenge a more recent Will if the deceased person did not have the mental capacity to understand what he or she was signing.

Undue Influence Claim

A beneficiary of an earlier Will can challenge a more recent Will if the deceased person was “unduly influenced” by another person to sign a Will that did not reflect that person’s true wishes.

Breach of Trust Claim

A beneficiary under a Will or trust can apply to the court to remove an executor or trustee who fails to administer the trust properly. The beneficiary can also seek compensation if they suffer financial loss as a result of wrongdoing by the executor or trustee.