Contested Estates

A Will can be challenged if it is thought to have been forged or executed under duress or without the testator’s understanding of the document.

A Will can also be challenged by a person who has been left out of the Will, or perhaps left a smaller amount than they believed they would inherit. In these circumstances, a Will can only be challenged by a person who is deemed eligible to do so under the current legislation and must usually be done within 12 months of the date of death. People who may challenge a Will include:

• A husband/wife of the deceased person;
• A de facto spouse (including same sex partner) of the deceased person (rare);
• Someone who lived in a close personal relationship with the deceased at the time of their death;
• A former husband or wife or spouse of the deceased person;
• A child of the deceased person;
• A person who was financially dependent upon the deceased person and is a grandchild or someone who at some time lived as a member of the deceased’s household.

Whilst challenging an estate requires an application to the Supreme Court, many of these types of matters can be dealt with by negotiation without involving the Court.

Please contact us to discuss the specific circumstances of your case so we can properly assess and advise you in this regard.