A will can be challenged if:
Your Will was not drafted and signed according for law (for example if there are no beneficiaries listed)
At the time of signing, you did not have the capacity to make a Will
One of your witnesses will inherit under the Will
Others influenced you to make a Will
Someone who you had a responsibility to provide for claims that you haven’t left them a fair amount of your assets
Your witnesses are also included in the will
Other common disputes include disputes about how the Will is administered, the meaning of a Will, removing executors or trustees, estate administration, or a delay in proving the Will.
Who can see a Will:
After probate, which is the grant of administration of the will by the executor, the Will becomes a public document. The Will must be shown to any of these people who ask to see it:
Anyone named in the Will or an earlier Will
The spouse/domestic partner of the Will-maker at the time of death
A parent, guardian or child of the Will-maker
Anyone who would have benefited had the person left no Will
A parent/guardian of anyone under 18 who is mentioned in the Will or entitled to benefit from the Will
A creditor
Testator’s family maintenance:
The Will can be challenged by anyone who can prove that the Will-maker had responsibility to provide for them, by starting a Supreme Court process called “testator’s family maintenance”.
Examples of someone who may do this include:
A spouse/domestic partner
A parent, child, stepchild, or someone treated as a child by the Will-maker
A registered carer, household member or grandchild who can prove that they were dependent or partially dependent on the Will-maker
Must be a close family member
For more information regarding wills, please contact our office on: +61 3 94163463 or email: email@osullivanandruffilli.com.au
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