Contesting a Will

Facing doubts about a Will's validity can be confronting and emotionally challenging. Our experienced team can assist you to navigate the complex issues involved with empathy and legal expertise.

You may have concerns over the validity of a Will due to:

• Lack of Testamentary Capacity: If the deceased did not have the requisite mental capacity to understand the nature and effect of what they were doing when making the Will.

• Undue Influence: If it is suspected the deceased was coerced, manipulated, or unduly influenced by another person to make certain provisions in the Will that they would not have made otherwise.

• Fraud or Forgery: In rare cases, suspicions of fraud or forgery in the creation or alteration of the Will may enable contests to establish the invalidity of the document.

If you are concerned about the validity of a Will, we can help you explore options for contesting it. Anyone can contest the validity of a Will if they have reason to believe the Will was invalidly created.

It is important to lodge a caveat with the probate registry, preferably before probate has been granted. Once probate has been granted by the Supreme Court, it is difficult, although not impossible, to contest the validity of the Will. Our estate planning lawyers can lodge a caveat on your behalf, and assist you to gather relevant evidence before your case is heard.

It is possible to contest a Will because you believe the wishes of the deceased are not fair or reasonable. This may arise if family members or dependents believe that they have not been adequately provided for in the Will.

Eligible individuals who may contest a Will include spouses, domestic partners, children (including stepchildren and adopted children), and other dependents who were financially supported by the deceased. The financial needs and circumstances of the claimant, the relationship between the claimant and the deceased, the size of the deceased's estate, and the deceased's moral obligations to provide for the claimant will all be considered by the Court.

Contesting a Will must be initiated after probate is granted. In this, the process differs from contesting the validity of a Will. We recommend you contact us so that we can understand your circumstances and advise you of your rights, and once probate is granted we can file what is known as a Part IV application on your behalf.

We will endeavour to resolve the issue through negotiation first in order to save you time and expense at an already difficult time. If a satisfactory resolution can’t be reached through negotiation, the next step may involve court proceedings. In such instances, our experienced team is committed to representing your case.

Engaging a law firm that is experienced and reputable is an important step in contesting a Will. Our estate planning lawyers connect and engage with clients to ensure that their legal concerns are meticulously represented, while respecting the wider family impacts.