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Contesting Wills

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Contesting a Will

While people have a right to leave their money to whomever they choose when they die, this right is qualified by legislation that requires a willmaker to consider the needs of certain people in his or her life.

When a willmaker fails to 'make provision' in their will for a person in need and deemed eligible by the law, that person can ask the court to alter the terms of the will. The laws have different names in each state but they are generally referred to as claims for 'family provision'.

There is another way you can contest a will, that is when you want to argue that the will itself is invalid. It may have been signed by a person who 'lacked capacity', commonly due to Alzheimers disease or dementia, or who was under pressure from a friend or relative to change their will.  These types of will challenges are undertaken in a different part of the court and with a completely different set of rules.  

If you think you may be eligible to claim in either of these situations and you want to know your rights we encourage you to call us on 1800 720 211.  An experienced will dispute lawyer will answer the phone.

Alternatively, the links on this website will guide you in the right direction to answer any questions you may have.  We suggest you start with 5 Steps to Contesting a Will.