Who has grounds to contest a Will?

Published 28 Jul 2016

According to the Family Provision Act, spouses, children, parents and de facto partners are entitled to contest a will. The same law acknowledges that there is a moral obligation for the people responsible to provide for the people who are dependant on us when we pass.

This is done simply by providing them with sufficient provision in our will. If for whatever reason you are from one of the familial roles listed above and feel that you have not been adequately covered in the will of a loved one, then you are able to make a family provision claim on their estate.

Others, such as stepchildren, grandchildren and former spouses and de facto partners can in certain cases be entitled to make a claim. There are cases, however, where others who are further removed may have inheritance disputes and grounds to pursue a family provision claim.

What is needed to justify exclusion?

If any of the above are excluded for whatever reason from a will, it’s necessary for there to be a clause inserted into the will, or at least a signed statement with it.

This clause or signed statement must clearly outline the reasons as to why someone is excluded from the will. Scenarios where there is insufficient reasoning will see claims made against it brought to court. Provisions will be made out of the estate if the court finds in favour of the claimant.

Getting the help of experienced contesting wills lawyers will help bring some much-needed clarity to complex matters such as this.

Speak to a contesting wills lawyer to clarify the situation

The process that goes into contesting a will can be an arduous and confusing one. That’s why it’s simply imperative that if you have any inheritance disputes you contact an experienced lawyer as soon as possible.

To bring some clearer understanding to these confusing situations, get in touch with the team at Gerard Malouf and Partners today for a free consultation. If you feel that you have been excluded from the will of a loved one, or what you received didn’t adequately cover what you’re entitled to, you may be surprised to learn how successful your claim may be.

The fear of the financial burden that comes with an unsuccessful claim will be allayed with our No Win No Fee costs agreements.

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