If you have been left out of a Will, or have been unfairly treated in terms of the amount of your inheritance you may be able to make a claim against the estate.
Who can dispute a Will?
It varies from state to state, but some of the people who may be entitled to claim include people who had a relationship with the deceased such as:
- Wife or husband
- Defacto or same sex partner
- Former spouse or defacto partner
- Child, stepchild or grandchild
- Parent of a child of the deceased
- Parent, brother or sister
- Someone who was financially dependent on the deceased
- Carer of the deceased
This is a very general guide only so please contact us to discuss your particular circumstances.
There are time limits which exist for a person wishing to challenge a Will. It is important to seek legal advice promptly.
You can challenge a Will if you believe that the Will is a forgery or if the person lacked the mental capacity to make a Will. You can also challenge a Will if you believe that undue influence was brought to bear upon the deceased or if there was fraud involved. You should speak with a lawyer who can assess your claim and advise you accordingly.
It is common in these claims that the legal costs incurred along the way are paid for out of the estate. Each case is different, and you will need specific advice about your claim and associated costs.