Will Dispute: Online case assessment

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During the case assessment process, you stated that there are family members or others who may contest the Will. The law allows family members or dependants who have been overlooked or inadequately provided for in a will, to bring a lawsuit for estate allocation to them.

Typically these claims come from a child, spouse, or former wife left out of a will or a beneficiary wishing to challenge the fairness of the gift allocated to them. The contest can be resolved by agreement but if not, is determined by a court.

A notice of the proposed claim must be given to executor or administrator within 6 months of date of death; claim must be lodged in court within 9 months of date of death.

Other challenges to a Will can arise from the following:-

  • The formal requirements for making a will and amending a will must have been strictly observed.
  • The will must genuinely reflect the will maker’s last testamentary intentions.
  • The will maker must have had legal capacity at the time of making it.
  • The will must not have been the product of undue influence exerted by another person.
  • An agreement by a will maker to provide a benefit to a person can be enforced against their estate if the person receiving the benefit has provided valuable consideration.
  • Each provision in a will must precisely achieve the intention of that provision.

If a person intends to challenge a will, a notice of the intended claim must be given to executor or administrator within six months of date of death; the claim must be lodged in court within nine months of date of death.