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  • Shahen Davityan

What you need to know about contesting a Will

A will is a legal document that outlines your wishes as for the distribution of your assets after your death. It may also include instruction for the upbringing of your children, as well as the appointment of an executor to carry out these wishes.


But how about when it’s the other way around? In case you have been left out of the will and you are a relative eligible to make a claim, then you may have a right to apply to the Court for provision from the deceased person’s estate. Relatives who may claim include, but is not limited to, the following:


● Spouse of the deceased person;

● Person previously married to the deceased person (divorced);

● Domestic Partner of the deceased;

● Child of the deceased;

● Child of the spouse or domestic partner of the deceased, subject to qualifications;

● Child of the child of the deceased;

● Parent of the deceased, subject to limitations;

● Brother or sister of the deceased, subject to limitations.


If you fall within the ambit of the above list, then you may be able to contest the will. If you opt to contest a will in Australia, your claim may be based on several grounds. These include, but is not limited to, the following:

● Deceased person’s lack of testamentary capacity;

● Deceased was unduly influenced by another in drafting the will

● The will was forged or obtained through fraud;

● When a certain family member or dependent feels that they have not been adequately provided for in the will.


We understand that the process of contesting a will is complex and can be confusing. Our expert team of award-winning lawyers can help guide you through every step of the process and achieve the best outcome possible.


If you wish to know more about the eligibility to contest a will, the things that need to be proven, the time limitation, and any matter relating to the contesting of the will, Verde Lawyers may assist you.


Contact us today at Verde Lawyers at info@verdelawyers.com or 02 9283 5290.




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