Contesting A Will

Contesting a Will

A Will sets out exactly what a person wants to happen to their assets and their final wishes in the event of their death. While the law protects the right for someone to choose what will happen to their possessions and who they may go to, there can be reasons to contest a Will.

How to Contest a Will

There are three main ways a will can be challenged in the law:

1. A claimant believes they are entitled to more from the estate than what they had received, or they have been left out of the estate altogether;
2. The person did not have the capacity to make a Will when they signed it; and
3. The Will was made with undue influence from others.

The most common form of challenge is under the testator family maintenance obligation. Legislation on Wills makes it a requirement that a Will provides for the proper support and maintenance of a person for whom the testator has a moral responsibility. The court will look to the totality of the relationship between the testator and the claimant and will decide on those merits.

With the next two grounds, the onus is on the claimant to prove the necessary facts.

Who can contest a Will?

Usually, only people who have received something in the Will or had a dependent relationship with the recently deceased can contest. We can assist you in making sure you have the right grounds and your claim is viable.

Is there an expense involved in contesting a Will?

There are legal fees involved in contesting a Will. However, we’re able to offer a no win, no fee agreement with cases relating to Will disputes. Our solicitors can go over this agreement in greater detail in your initial consultation.