A Complete Guide To Contesting A Will In Australia!

February 1, 2024    propertysettlementlawyersperthwa
A Complete Guide To Contesting A Will In Australia!

People leave their earthly positions for their near ones through a will. It is a legal document that states the ownership of their possessions and the individuals/corporations that will inherit after their demise. However, people taking the support of unfair means or using dubious tactics to grab all are not unheard of – and often, the deceased may have a personal grudge against a justified inheritor and satisfy it by unlawfully keeping them away.

As making a will involves witnessing and signing documents, chances of mistakes or intentional omissions are present. So, experienced lawyers suggest contesting a will if someone has been left out of a will. The following article will provide info on the process involved, including hiring a lawyer, its cost, and what to expect. So, one can confidently contest with proper info and training.

What are wills?

A will is an official document explaining, in detail, the division of your assets upon your death. If you wish to make or contest a relative’s will, it is best to employ the services of the best property settlement lawyers. However, knowing the ingredients of creating one is important to understand how to dispute a will.

Understanding the events happening

Most expert property litigation lawyers suggest taking some time before contesting a will. It is better not to rush but to establish exactly what is wrong with your loved one’s will before going to court. You can consult with a lawyer and get learned advice on whether it’s even imaginable to contest a will, along with help in the preliminary steps. Contesting a will right away is only advisable in some cases.

The will needs witnessing and signing of documents; you would need to understand its statements before taking action. Some of the questions you must ask are mentioned below:

  • The amount and type of asset included in the will.
  • The beneficiaries are included in the will.
  • The amount of money mentioned for each of the individuals or organizations.
  • The candidate’s relationship with the deceased (an acquaintance will have less rights than a spouse).
  • Therefore, it is better to have the legal assistance of the most skilled property settlement lawyers with you.

Who can challenge a will?

Anyone can contest a will with provably good reasons. As per the most recommended property litigation lawyers – one can contest a will on three grounds with varying success rates:

  • The will was drafted with error and some suspicion is at play – like something is missing or contains some technical mistake.
  • The person drafting the will was unduly influenced or pressured into making these changes in the will; therefore, it may not be the wish of the deceased.
  • The will-creators didn’t understand their actions and weren’t in full control of their mental capacities while signing. For instance, will be created by Alzheimer’s patients can be contested in court.
  • If any of these situations apply to you, consider contesting a will.

What is a family provision claim?

It is an application to the Supreme Court of New South Wales for a part or a greater share of a relative’s estate. It is one of the most applicable ways to get justice if you have been left out of a will or didn’t receive the share you think you should. You must file a claim within one year after the relative’s death (the application should be on or after 1st March 2009); however, you wouldn’t require an allowance from the Probate or Letters Administration before applying for family provisions.

Probate and its importance

The process of authenticating an individual’s will is called probate, which can become complex if they owe any debt. The executor ensures these events’ proper completion before distributing the remaining assets according to their instruction in their last wishes. A grant of probate is a legal order awarded by the court – recognizing its legitimacy and defining the person or persons accountable for overseeing the estate.


Although someone may make a will and die, it would take several steps before their wishes come true. Firstly, they must go through probate if they have not made one themselves. An executor administers this process by gathering all their assets (also real estate) and paying off any credit before distributing any remaining money or wealth according to their final direction. Therefore, hiring the most proficient property litigation lawyers will be best.

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