Who Can Contest a Will?

Looking at a will

Everyone deserves to be treated fairly in their loved one’s will, but this doesn’t always happen. If you get left out, or don’t receive what you believe to be your fair share, can you fight it? It’s possible to contest a will, but be aware – just because you ask, doesn’t mean you shall receive. We’ve outlined in detail who can contest a will, so you know what your options are.

Can an executor contest a will?

An executor can contest a will, as long certain conditions are met. To contest a will the executor must be the child, spouse or dependant of the deceased.

Factors the court considers when determining whether an applicant was a dependant include:
1. Reliance on the deceased for financial support
2. Personal circumstances (e.g. illness, educational support needed, financial needs).

Can grandchildren contest a will?

Answer: A grand child can contest a will if they are a dependant.

Can a child contest a parent’s will?

Answer: A child can contest a parent’s will.

Can a disinherited child contest a will?

Answer: A disinherited child can contest a will.

Can a family member contest a will?

Answer: The deceased’s spouse and children can contest the will. Other family members may be able to contest a will if they were dependant on the deceased.

Can a niece/nephew contest a will?

Answer: A niece/nephew may be able to contest a will if they were dependant on the deceased.

Can a stepchild contest a will?

Answer: A stepchild can contest a will.

Can a sibling contest a will?

Answer: A sibling may be able to contest a will if they were dependant on the deceased.

Can ex-wife/ex-husband contest a will?

Answer: A former spouse is not a ‘spouse’ as defined by the act. To contest a will a former spouse must show they were – at the time of death – a dependant of the deceased.

 

Have more questions you need answered? Get in touch with the experienced team at QEL – we’re always happy to help.