Contesting a Last Will & Testament

The death of a loved one can be a difficult and stressful time, especially if you believe that you have been inadequately provided for in a Will or if you have been left out entirely. 

An eligible person can contest a Will if they have legal grounds to do so. 

Many claims can be settled through negotiation and mediation between the parties and their legal representatives. However, if the claim cannot be settled through negotiation, then the matter may proceed to Court. 

When contesting a Will, the Court may consider:

• The value of the estate of the deceased

• The duration and nature of a relationship with the deceased

• Obligations or responsibilities the deceased had to the applicant

• Financial needs and circumstances of the applicant

• Age of the applicant at the time of the hearing

• Contributions made by the applicant to improve the estate of the deceased

• Evidence of statements made by the deceased to the applicant prior to their death

Applicants have 12 months from the deceased date of death to contest a Will. If the claim is successful, the applicant may receive a share or larger share of the deceased estate.

If you are unsure whether you have legal grounds to make a claim, please contact our office to arrange an appointment with our experienced team.