First, let’s cover the basics. What does it mean to contest a will, exactly – and why would you need to do it? The reasoning is typically similar across all states and territories. Essentially, you’re challenging the will because it is believed to be invalid for the following reasons:
- The will is believed to have been tampered with, or isn’t legally binding.
- The deceased did not have the ability to make the will.
- You believe that, considering your relationship with the deceased and other factors, you have not been adequately provided for.
- The will appears uncharacteristic of the deceased and there is a concern of fraud.
Australian Capital Territory
When it comes to contesting a will, the time you have to do it varies between the various states and territories. In the ACT, legislation says that you have 6 months to act. If you wait longer, you’ll need to prove to the court that you have sufficient cause. A Family Provision claim, which refers to contesting a will, can only be made in the ACT if:- There is real estate property owned by the deceased in the ACT.
- The deceased lived permanently in the ACT at the date of their death (and owned personal property elsewhere).