If you believe that you were not adequately provided for in a Will, you may be able to contest the Will. This is a legal process whereby you can challenge the validity of the Will.
There are a few primary ways to contest a Will in Australia. The first is to prove that the Will was not validly made. This could be due to the Will not being signed or witnessed correctly or because the person making the Will lacked the mental capacity to do so. The second way to contest a Will is to show that the person making the Will was unduly influenced by someone else.
This could be through coercion, manipulation, or deception. The third way to contest a Will is to show that the person making the Will did not intend for it to be their final Will. This could be because they made it in haste, under duress, or without understanding its full implications.
If you are considering contesting a Will in Australia, it is essential to seek legal advice as soon as possible. There are strict time limits in place, and if you miss the deadline, you may be unable to contest the Will.
Factors in a Will Contest
To prove that you are eligible to contest a Will in Australia, you must show the court that the deceased had a moral obligation to support you financially. This is typically the case for the deceased’s spouse or children but may be more difficult if the deceased estranged the claimant for an extended period.
However, there are ways to successfully contest a Will by demonstrating a financial need or that the deceased caused financial harm. Furthermore, one must show that the deceased had a moral commitment to them, which is usually linked to some financial dependency on the deceased.
Exhibiting financial need is vital for the claimant to argue the unreasonable distribution of the Will. The most important considerations the court may examine include your entire financial requirement, your relationship to the departed, your financial situation, your owed duties to the deceased if any, and physical, mental, or intellectual disabilities, if present.
Contesting A Will In Australia
When parents have a falling out with their children, it can create problems when it is time for the parents to write their Wills. This is because the parents may want to leave their children out of the Will or leave them a smaller inheritance than they would otherwise receive. This can cause significant conflict between the family members and may even lead to litigation.
This means that if you are an estranged adult child in financial need, you may not be able to get help from the court, even if you are in severe need. The child’s behaviour towards the person who made the Will must be looked at closely to see if they can be cut out of the Will. There is no one answer, but the Court’s decision says that an adult child can be left out of a Will if appropriate.
Contesting a will in Australia can be a complex and difficult process. There are several factors to consider before contesting a will, such as the grounds on which you are contesting the Will, the costs involved, and the potential outcomes.
If you are considering contesting a will, it is important to seek legal advice to ensure you have the best chance of success.
Springfield Legals is a law firm in Queensland specialising in family law. We provide property and business conveyancing, income protection, and succession planning, ensuring that your plans and wishes are properly planned and executed. If you’re looking for wills and estates lawyers in Queensland, get in touch with us today! Let us know how we can help!