Can my will be contested?

A will is a legal document that primarily deals with the distribution of your assets upon your death. It names the persons who are authorised to administer your estate (your executors) and sets out who receives your assets and in what proportions (your beneficiaries).

Many clients are shocked to learn that it is possible for their will to be contested. Clients often seek assurance that their wishes will be followed and ask for advice about whether it is possible to prevent a will being challenged.

The aim is to make a will which adequately provides for the people you have a moral obligation to provide for. Generally, these people are your spouse (married or de-facto) and children, including adult children.

The law allows for a person to contest your will if they satisfy certain eligibility criteria. The Court has the power to order provision out of your estate for the proper maintenance and support of the claimant, if it is satisfied that you had a moral responsibility to provide such maintenance and support and failed to do so.

Whilst it is not possible to prevent your will from being challenged after your death by a person who satisfies the eligibility criteria, there may be strategies that can be implemented to reduce the risk of a claim, or to reduce the impact of an anticipated claim.

If you are considering not making provision for an estranged child, are not sure if you have adequately provided for your spouse, or if you want to ascertain whether or not you are eligible to make a claim, you should seek legal advice.

Contact us today to make or amend your Will.

For straight forward circumstances we offer an online service. Your Will offers simple single and couple’s Wills, as well as Enduring Powers of Attorney and Appointments of a Medical Treatment Decision Maker.

For further information please contact:

Daniela Pavlovic
Principal
T: 03 5225 5227
E: dpavlovic@ha.legal