I want to challenge a Will. What do I do?
There are many ways to contest a Will or challenge a Will.
You can challenge the Will on the grounds of its validity, in other words, suggesting it is not valid for various reasons. You can also challenge a Will by arguing that it is unfair or that the Will did not adequately provide for you.
To dispute a Will, time is of the essence. You should seek legal advice as soon as possible. Even if you decide not to go ahead, you should at the very least hear your options so you can make an informed decision.
We understand that disputing a Will is not always about the money. It is often about doing what you feel is right or just, or looking after your family.
We also know that the thought of seeing a lawyer on top of dealing with the death of a family member can be stressful and confronting. We take that into account and try to give you all of the information and do the hard work for you so you can make the right decision for you and your family.
You might feel the Will-maker (‘Testator’) was coerced, forced or influenced into making their Will. Or perhaps you think the Will was made when the Testator did not understand completely what he or she was doing. Maybe the Testator was on medication, had dementia or was delusional. Or perhaps the Will was handwritten or homemade, or damaged in some way. These are all grounds to challenge a Will.
If you were left out of a Will or feel it is unfair, you may be able to make a claim and receive further provision. Even if you had a falling out with the Testator, had not seen him or her for many years, or were the ‘black sheep’ of the family, you may still be able to challenge their Will.
You probably have lots of questions, but are feeling uncertain about whether to make the first step. We want to help you. We offer no obligation, first free appointments. Give one of our Wills & Estates Lawyers a call on 8213 1000 and find out where you stand.