Challenge of Wills & Family Provisions Claims in Wollongong

A person with an interest in a deceased estate can challenge a Will in the Supreme Court if they believe it is not legally valid or if they have not been left any, or adequate, provision from the estate.

A beneficiary, or someone who would be entitled to the estate if the deceased had died intestate, may dispute the validity of a Will or make a claim for further provision from the estate.

Eligible persons are:

• A person who was the wife or husband of the deceased at the time of the deceased’s death
• A person with whom the deceased was living in a de facto relationship at the time of the deceased’s death
• A child of the deceased person
• A former wife or husband of the deceased person
• A person who was, at any particular time, wholly or partly dependent on the deceased person and who is a grandchild of the deceased person or was, at that particular time or at any other time, a member of the household of which the deceased person was a member
• A person with whom the deceased person was living in a close personal relationship at the time of the deceased’s death

Ideally, any challenge to the validity of a Will should be brought before Probate is granted. Consideration may be given to filing a probate caveat to prevent the court from issuing a Grant of Probate until the parties agree to its removal or the court makes an order. Any claim for provision should also be brought as soon as possible and within 12 months of the deceased’s passing.

Unlike ordinary civil claims, costs in contested estate cases are treated differently. The court will usually — but not always — order the estate to cover the costs of any genuine claim.

Contesting a Will and challenging an estate can be a lengthy and complex process. We encourage you to contact us to discuss your options.