Contesting a Will

The loss of someone you love is never easy and with the increasing complexity of family structures and relationships it is not unusual for disputes to arise about the distribution of the loved one’s assets. 

Disputes can occur where:

• The potential beneficiaries believe that the Will does not accurately reflect the wishes of the deceased

• There is a document that looks like a Will but has not been executed or executed correctly

• The potential beneficiaries believe there was undue pressure placed on the deceased when making the Will that resulted in one person receiving more under a Will than would otherwise have happened

• The deceased made the Will when they did not have the legal capacity to make the correct decisions about the distribution of their assets

• Executors or administrators are not properly administering an estate and protecting the interests of beneficiaries.

Who can contest a Will?

• Spouse or domestic partner

• Former spouse or domestic partner

• Child or stepchild

• A person who believed they were a child of the deceased

• Registered caring parent

• Grandchild

• Household member of the deceased 

There are extremely strict timelines to contest a Will.  If you have been left out of a Will or believe you have not been adequately provided for by a loved one in their Will, please contact us urgently to discuss the possibility of making a Family Provision Act Claim.

SouthCoast Property & Estate Lawyers has the expertise to advise you on your rights and options, including the commencement of any court proceedings.