Can a Will be Contested?

Dealing with a deceased person’s estate may warrant contention between individuals regarding their respective interests. Although the estate would be the last thing on your mind, contesting a will is a legally viable and necessary process if you believe that you are entitled to the estate, either wholly or partially.

What is a Will?

A will is a legal document that manifests a person’s intention regarding the distribution of their estate onced deceased. It ensures that a person’s assets are protected as they are distributed in accordance with their wishes.

If you’re seeking to draft a will, check out our article How Do I Make My Will?.

Can You Contest a Will?

Contesting an existing will involves questioning its validity in accordance with the requirements set out in the Succession Act of your respective state or territory.

The validity of a will depends on whether:

  • The will was the last will of the deceased;
  • The deceased had capacity to make the will;
  • Any alterations to the will was made post-execution;
  • There was any undue influence that led to the execution of the will by the deceased.

To determine whether a will is valid by way of one or more of the above considerations, it is always recommended to seeking legal advice by expert estate planning lawyers. Aditionally, check out our article Step-by-Step Guide to Disputing a Will.

Who Can Contest a Will?

Those who are eligible to contest a will include:

  • Spouse or former spouse of the deceased;
  • Persons in a de facto or domestic relationship with the deceased;
  • A child or grandchild of the deceased;
  • Persons in a close personal relationship with the deceased;
  • Persons dependant on the deceased, either wholly or partly, at any point in time.

The above list of eligibility to contest is not exclusive – it may depend on an array of surrounding circumstances. Our estate planning lawyers can advise you on your eligibility.

Contesting a will is a complex and difficult process, LawPath recommends seeking legal advise by expert estate planning lawyers from our marketplace. Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 750+ expert lawyers or to get answers to your legal questions.

Most Popular Articles
You may also like
Recent Articles

Get the latest news

By clicking on 'Sign up to our newsletter' you are agreeing to the Lawpath Terms & Conditions

Share:

Register for our free live webinar today!

Price of Justice: Paying the Right Price for Legal Expertise

12:00pm AEDT
Tuesday 30th April 2024

By clicking on 'Register for webinar' you are agreeing to the Lawpath Terms & Conditions

You may also like

This article goes into everything you need to know about full-time employment agreements.
This article dives into everything you need to know about a shipping policy, ranging from key components of shipping policies to issues associates with such policies.
This article is a guide to all legal documents your online business needs in 2024.

Thank you!

Your registration is confirmed. Keep an eye on your inbox for an email with details on how to watch the webinar.