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Contesting Wills

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When Can a Former Spouse Challenge a Will?

In New South Wales a former spouse of a deceased person is eligible to contest a will.  

However there are few situations where such an applicant will be successful.

A notable scenario where a former spouse may be successful in disputing a will is where he or she did not enter into a property settlement with the deceased person prior to his or her death.  If there was no division of marital assets that former spouse may be able to argue that they should have been provided for in the will of the deceased and, depending on the other circumstances including the size of the estate and its competitors, may be successful in a will dispute claim.

There may be other circumstances in which a former spouse is able to challenge the will but it will depend upon the particular facts of each case.

Mostly, a former spouse who has been privy to a property settlement is unlikely to have a valid family provision claim upon the estate of the deceased as the court will view the property settlement as representing a finalisation of the former couple's financial affairs.

If you are a former spouse and are still uncertain whether you have a potential claim for family provison or whether you are eligible to contest your former partner's will please feel free to contact us and an experienced will dispute lawyer will answer your query.