There are many reasons why you might be able to challenge a will. For example:

1. There are doubts about the testator’s mental capacity at the time he or she made the will.
2. Someone might have pressured the testator into leaving their assets to certain people.
3. There are suspicions of forgery.
4. There are doubts about whether the will was signed and witnessed properly.
5. You are doubtful about whether the testator understood the effect of a clause in the will.
6. There is concern that the testator has not provided adequately for dependants.
7. A later will comes to light.

How do I go about challenging a will?

There are a number of different procedures for challenging wills in New South Wales, depending on the reason.

1. It might be possible for you to make an application under the Family Provision Act. This legislation gives the court some discretion to allow certain persons to have access to some of the deceased’s estate where a testator did not make adequate provision for the proper maintenance, education and advancement in life of those persons.
2. If a grant of probate has not yet been made, it might be possible to lodge a caveat (Insert definition of caveat). There are different types of caveats which perform different functions.
3. After probate has been granted, it is possible to approach the Court to have this revoked in limited circumstances.

APPLICATIONS UNDER THE FAMILY PROVISION ACT

The Family Provision Act 1982 gives the Court some discretion to make provision for certain persons where the testator or person who made the will failed to do so. An application under the Act is a challenge to the terms of a will because it calls for a different distribution of the deceased’s estate than was made in the will.

Who can apply?

There are four categories of people who are eligible to apply under the Family Provision Act:

1. The spouse or de facto spouse of the deceased
2. A child of the deceased
3. A former spouse of the deceased
4. A person who was at any particular time wholly or partly dependent upon the deceased and who is a grandchild of the deceased or who was at any time a member of the deceased’s household.

Read on about Challenging a Will.

Find-a-Lawyer experienced in Wills & Estates.

DISCLAIMER

This Information Outline is available courtesy of AussieLegal’s online legal information and law firm referral service.

The information is provided by participating law firms. Accordingly, neither AussieLegal Pty Limited nor eBroadcast accepts any responsibility for loss, damage, cost or expense arising from using the information provided.

As the information provided by participating law firms is of a general nature, the law firms accept no liability for any loss, damage, cost or expense that arises from relying on the information provided by them. The information is provided solely on the basis that readers will be responsible for making their own assessment of it. This recognises that despite the participating law firm’s best endeavours to provide up to date accurate legal information and documents, you may misunderstand or misinterpret instructions or advice.