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Contesting a Will


A Will can be contested for many reasons, some of them being:

  1. You have been left out;
  2. You have not been left an adequate amount;
  3. The Will does not comply with the rules relating to drafting a Will
  4. At the time the Will was made the maker of the Will did not have capacity
  5. At the time the Will was made the maker of the Will was subject to undue influence.

However, these are not the only grounds on which you can contest a Will.

If you want to contest a Will or if you need to defend a Will or an Estate from a contest, Peninsula Law can provide advice to assist you and your family.


Who can contest a will in Australia?

Usually in Australia, the only people who can contest a will are the deceased's spouse or former spouse, children, grandchildren, registered caring partners and dependents.

How easy is it to contest a will in Australia?

To successfully contest a will, a person must demonstrate that they have a financial need, and due to this need, the deceased should have made greater provision for them in the will. The relationship between the deceased and the person contesting the will is also of great importance.

Who pays when a will is contested?

If the matter of a contested will needs to go to Court for determination by a judge, the judge will  decide who should pay the costs of the dispute. Usually, the losing party is required to pay the winning party's costs but the judge may on occasion order that costs are to be paid by the deceased's estate.