Did you know that even if a deceased person leaves a Will, current or former spouses or partners, children or dependants of the deceased person could have a right to bring a claim against the estate of the deceased if they believe that they have not been adequately provided for in a Will?
It may also be possible to challenge a Will on the basis that it was not properly executed or the Will-maker was placed under duress when giving instructions for or executing a Will.
Do I have a claim?
If you are asserting that a Will is invalid or improperly made, you are challenging a Will.
However, if you are disputing how the Will-maker’s assets have been divided up between the beneficiaries, then you are contesting the Will.
You may be able to challenge a Will if you can establish that:
- the Will-maker lacked mental capacity when the Will was signed;
- the Will was made under the improper influence of others; or
- fraud or forgery was involved.
You can contest a Will if you can establish:
- you are an eligible person; and/or
- the Will-maker had a moral obligation to provide for you in his or her Will but failed to do so or do so adequately.
The law surrounding Wills is complex, so ensure you receive specialist legal advice as soon as possible.
There is a six-month limitation period for you to challenge or contest a Will after a Grant of Probate of a Will is issued, so it is important to move quickly once the person has died and seek advice as early as possible.
Contact one of our experts for an appointment.
