Challenging a Will

If you’re looking to challenge a Will or need advice when one is challenged we can be in your corner to help with the legal side of things.

When preparing your Will, your lawyer should make you aware of the possibilities of claims that someone might make to your Will, and the ways to reduce the chances of a successful legal challenge.


A Will or Estate Plan can sometimes be challenged for a range of reasons including:

  • A person feels aggrieved because they were left out of the Will or claim they were unfairly provided for.
  • A person claims that the Will-maker did not have the appropriate level of mental capacity to understand what they were putting into effect.
  • A person claims that the Will-maker did not sign their Will freely, or their decisions were influenced by others.
  • A person claims that an executor or trustee has failed/is failing to administer a Will or Trust properly.

Even though the law recognises your right to choose who you will put in your Will, it is important to remember that in most circumstances you cannot prevent an eligible person from challenging your estate in Court.

There are many individual and case specific factors that a court will consider in determining whether to grant an application to challenge a Will, and there are often very good reasons why a person should be contesting a Will.

If you are aggrieved about a Will or a trust, it is advised you seek the assistance of a lawyer without delay.

Strict time limits that apply in this area of law and you should seek legal advice immediately if you are aggrieved about a Will or a Trust, or you are appointed the executor of an estate and receive a notice from someone intending to dispute a Will.

 

For more information or to arrange a discussion with our legal team
phone 03 9744 1881 or email law@mcclurelaw.com.au