Contesting Will

Contesting Will

Contesting WIll

Contesting Will

You may have found yourself in a situation where you wish to challenge or contest a loved ones Will. This may seem like a daunting task and you may be wondering where to begin.  

If you intend to contest a Will you first must give notice to the Executor of your intention. This notice must be in writing and within six months of the deceased date of death.  

You also must be an eligible person. An eligible person means one of the following categories:   

  1. Spouse;  
  1. Child; or  
  1. Dependent.  

If you consider yourself to be a dependent, you must have been wholly or substantially supported by the deceased as at the deceased’s date of death. You will have to demonstrate to the court that you relied upon the deceased’s finances.  

You will then have to demonstrate why you are challenging the will. It may be that you question the legitimacy of the Will or you feel that you have not be adequately provided for under the Will.  

Legitimacy of the Will  

It may be the case that after the deceased’s death, one of the following applies: –  

  1. The Will, relied on by the Executor, was revoked by the deceased prior to death;  
  1. The deceased, at the time, lacked the mental capacity to create a Will;  
  1. Parts of the Will were amended or the Will was damaged, once executed by the deceased.  

 If you feel that one of the above circumstances applies then please contact our office about having the validity of the Will to be determined by the Court.  

If you have not been adequately provided for 

If you feel that you have not been adequately provided for in your loved ones Will, you may challenge the distribution on this basis. You will need to be able to demonstrate that what has been left is inadequate for your proper ‘maintenance and support’.  

This may result in you bringing a family maintenance provision application. If you would like to find out more about this process, please do not hesitate to contact our office.  

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