Contesting a Will

Contesting a Will

Contesting a Will

What happens if a family member wants to claim against the estate?

A Will can be challenged or contested in two ways:

Validity of the Will

The vailidity of a Will can be challenged when there is doubt over the mental capacity of the person who made the Will, at the time it was signed. On the other hand, the High Court may still declare a Will valid even if it wasn't correctly signed or witnessed. If these circumstances arise, please seek legal advice. 

Challenge as to contents

A Will can be challenged if immediate family members believe they have been unfairly provided for, or not provided for at all.

In both instances, a solicitor will need to be instructed. There are specific time limits and it is important to comply with them. In addition, if a notice of claim is given, then under the Administration Act, time starts to run from the date of that notice. Court costs are normally deducted from the estate, but if the claim is rejected, the Judge may direct the costs to be paid by the person bringing the claim.

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