Estate Claims: Challenging a Will

When it comes to challenging a Will, it is important to understand the grounds for challenging a Will and the correct process to ensure the best outcome for all parties.

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How to Challenge a Will

If a close family member or spouse has not been adequately provided for in a deceased person’s will, there are steps which can be taken in order to make a claim for a share of the estate. Family Protection claims arise where the deceased makes minimal or no provision for a close family member or spouse in their will. In these circumstances, we can advise you about whether you meet the criteria to make a Family Protection claim and, if so, the share of the estate you are likely to receive.

The validity of a will may also be challenged on the basis of undue influence (by a family member or third party) and lack of mental capacity at the time the will was executed. In these circumstances, a claim can be made to invalidate the will. If either of these claims are successful and the will is invalidated, any previous will of the deceased will come into effect. If the deceased did not have a previous will, the rules of intestacy will apply which sets out the priority of various family members in receiving a share of the estate.

For advice on challenging a will, please contact Sharon Chandra or Michael Robinson at our office on (09) 486-2169.

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