Contesting a Will

Contesting a will

If you decide to contest a will, then our solicitors at Elizabeth Wiese & Associates can help you to do this. There are various reasons as to why this might be required and we can provide all the necessary advice and guidance to assist in achieving a positive resolution.
A will may be contested for the following reasons:
  • Reason of incapacity 
  • Coercion of the testator or testatrix
  • If the will fails to adequately provide for the proper maintenance and support of a defined class of persons under Section 7 of the Inheritance (Family and Dependants Provision) Act 1972
A Family Provision Application can be made to vary the distribution of an estate whether a person has died intestate (without a will) or testate (with a will). The application must then be made to the court within six months of the death, otherwise the court can decide not to hear it.

In cases where an extension to this deadline is requested, then it’s up to the applicant to provide reasonable evidence as to why this is sought. Notice must also be given to the personal representative of the estate, to ensure that it is not distributed ahead of the time limit.
The court has a wide discretion to make an order under the Family Provisions for such provision as it thinks fit. Accordingly, 'adequate provision' will depend on the circumstances of the estate and your personal circumstances.
The following people may apply to contest a will:
  • Spouses (married or de facto) 
  • Children or dependents
  • Grandchildren
  • Parents of the deceased  
These terms are further defined in the Inheritance Act.

Call us today on 08 9430 4842 for advice on contesting a will in Fremantle.

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