Wills & Estates Q&A

Can I challenge a will?

You may be able to challenge a will on a number of grounds, provided you are eligible to do so. You would do this in the Supreme Court and it must occur no later than twelve months after the deceased passed away.

You must be one of the following persons in order to challenge a will:

• a spouse or de facto spouse – this may include a same-sex spouse
• a former spouse;
• a child;
• a person in a close personal relationship with the deceased — this can be someone who was in a non-marriage, non-de facto personal adult relationship with the deceased, regardless of whether or not they were related, in which they lived and provided domestic support and personal care to each other;
• A dependent grandchild of the deceased;
• any person who was at any particular time dependent on the deceased and was a part of his or her household.

A will can be challenged on any of the following grounds:

• that you were not properly and fairly provided for in the will and are entitled to something more than what you got;
• that the deceased did not have the mental capacity to make a valid will;
• that the will was interfered with after it had been signed; or
• that the will was not made with a free mind because the deceased was tricked, pressured, intimidated or otherwise manipulated when making the will.

If you think you may have a good reason to challenge a will, it is essential that you talk to a solicitor, who specializes in wills, as soon as possible.

Should you have concerns regarding a loved one’s will please contact Solari and Stock Miranda on 8525 2700 or click here to request an appointment.

Photo by Álvaro Serrano on Unsplash