Disputes over wills are unfortunately common, and Australian law provides several pathways for challenging or contesting a will. While the requirements differ between each state and territory, there are generally two main types of claims that arise: having a will declared invalid, or making an application for further provision.
Challenging the Validity of a Will
Sometimes, a person may believe the will itself should not stand. This could be due to concerns about whether the deceased had the mental capacity to make the will, whether undue influence was exerted, or whether the will was properly signed and witnessed. If successful, the court can declare the will invalid, which may mean that an earlier will takes effect or, if no valid will exists, the estate is distributed under the rules of intestacy.
Seeking Further Provision
Even if a will is valid, it may not adequately provide for someone who should reasonably have been included. In these cases, eligible people (such as spouses, children, or dependants, depending on the jurisdiction) can apply to the court for further provision. The court considers a range of factors including the applicant’s financial needs, their relationship with the deceased, and the size of the estate.
A Complex Area of Law
Because the rules vary across states and territories, and strict time limits usually apply, it is essential to seek legal advice as soon as possible if you are considering contesting a will. Whether your concern is about the validity of the document itself or whether you have been left without adequate provision, an experienced lawyer can guide you through the process and help protect your rights.
