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Contesting a Will

Even though it is a person's right to choose who will inherit his or her estate, there are often  situations where the law allows a Will to be contested.

A Will can be contested for a number of reasons, including but not limited to, for example:

  • People who think they have been unfairly left out (not considered) of the deceased’s Will;
  • If the deceased person did not have the mental capacity to create the Will; or
  • If a deceased person was unduly influenced in the creation of the Will; or
  • if a dependant has not had adequate funds/assets left to them;

Challenging a will or a deceased estate is often a complicated and expensive matter. This is because there are many other factors to consider other than the legislation or the current case law which regulates how and when someone can challenge a Will or a deceased estate. This includes who has standing to challenge a Will, the size/value of the estate and considering if Will made adequate provision for a beneficiary under the Will.

It is important to obtain legal advice as soon as practicable as there may be time limits that may affect your right to challenge an estate. Further if the assets of the estate are already distributed it may be in some cases impossible to recover the same once the assets have been transferred to the beneficiaries.

If for any reason you feel concern over the applicability of a Will or wish to challenge an estate, D’Angelo Legal would be more than happy to discuss and provide advice to you in these circumstances. If we believe you have a possible claim/challenge to an estate our litigation team can also represent you should you instruct us to proceed.