What you need to know about contesting a will
In general, courts are quite wary about changing a valid will and are only willing to do so in particular circumstances. But it does happen when there are legitimate reasons. Here’s everything you need to know about contesting a will in Australia.
In what circumstances can a will be challenged?
The grounds for contesting a will are pretty similar from state to state. The similarities that are written into the State Acts include the following circumstances:
- The will was not properly executed or there was evidence of tampering.
- The will was not the last one drawn up by the deceased.
- The will maker was improperly influenced or tricked into creating the will by another person.
- The person lacked sufficient mental capacity or the understanding to draw up a will.
- Proper provisions were not made to family members.
Source: Find Law Australia
What is the court trying to do?
When it comes to contesting a will the primary concern of the court is to ensure that wishes of the person who wrote the will are fulfilled, and will generally only intervene in the circumstances where the document that has been provided does not fulfil that objective. This is the reason why there’s so much emphasis on getting your will right the first time.
What are the time frames?
It should be noted that there is generally a period in which the challenge must be made. In Victoria an application must be made within six months of the will being administered. In Queensland an application must be made within nine months after the death of the will maker, while in New South Wales this is 12 months.
Have you ever had issues with important documents like a will? Let us know in the comments section below, we’d love to hear from you.
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Choosing the right executor for your estate
What to expect from the widow allowance
Tips to discuss sensitive money matters with family