Challenging a Wills Terms
The most common grounds for challenging a Will is that it is “unfair”. That is, no reasonable or adequate financial provision has been made in the Will for the person challenging the Will. The person challenging must prove they have a “need” for financial provision for their “education, maintenance and advancement” from the deceased person’s estate.
In the event that you are seeking to challenge an unfair Will please note that there are strict timelines (6 months after Probate) that you must comply with and if you do not comply with these time lines you may lose your claim entirely. It is important that you seek advice at an early stage in relation to Will disputes or potential Will disputes so that many of the issues that arise from delay can be avoided.
Other common challenges are that the Deceased:
a) lacked “testamentary capacity” when the Will was drafted; or
b) was the subject of “undue” or “unreasonable” influence at the time the Will was made.