Q. Can A Will Be Contested?

A. Yes. If you have been left out of a Will, or believe that the gift you have received under someone’s Will is unfair, you may have the right to contest a Will.

Q. Is there a Restriction on Who Can Contest a Will?

A. Yes. Generally to be able to contest a Will you will need to prove that you are of a class of person who was dependant upon the deceased at the time of their death. Broadly speaking, this may include a Spouse, child (including step child) of financial dependant of the deceased whose proper maintenance and support has not been properly provided for in a Will.

Q. What Factors Will Determine My Ability to Contest a Will?

A. There are a number of factors which will be considered when determining whether the deceased has provided for the “proper maintenance and support” of you in their Will. These considerations will include, but not be limited to:

  • Your relationship with the Deceased;
  • The size of the Estate;
  • Your financial circumstances;
  • Your current health status;
  • The relationship of the other persons named in the Will with the Deceased; and their financial circumstances

Q. Is There a Time Limit in Which To make My Claim?

A. Yes. Strict time limits apply to challenging a Will. As such, should the above apply to you, you should contact Adams & Partners Lawyers straight away on (02) 4721 6200.

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