Contesting a Will

We’ve previously written about contesting Wills on our blog before, and thought to expand a little more in relation to this topic.

Our society is changing, and more and more families are “blended” in nature – children from a previous marriage, de-facto relationships with previous “baggage”. Because of this, more and more people get pulled into a dispute if a Will isn’t drafted properly, or hasn’t taken the dynamics of a family into account.

Generally speaking, in order to be successful with a will dispute, the disputing party will need to show that they had a certain relationship with the deceased person, and that the Will hasn’t adequately provided for their well being and care. This can include maintenance, education, or other things in life.

The disputing party will also need to show that:

  • They should have been provided for, or there isn’t adequate provision for them
  • That they were dependent on the deceased
  • What is “adequate provision”?

Unfortunately there isn’t any foolproof way to stop a challenge to a Will, but a good Will can take this into account and make it difficult, or expensive, for someone to challenge the Will. This means that it is really important to make sure that your Will is drafted correctly, taking all of these matters into account!