Losing a loved one is difficult enough without the added stress of feeling unfairly treated in their Will. Many people are surprised to learn that a Will is not always final. In some situations, eligible individuals can apply to the Court to challenge or contest a Will if it appears unjust, excludes someone, or if its validity is in question.
This article explains when a Will can be contested or challenged, the steps involved, applicable time limits, and how Australian Courts approach these claims.
Challenging vs contesting a will: Key differences
Although the terms are often used interchangeably, challenging and contesting a Will are different legal actions.
Challenging a Will
A challenge questions whether a Will is legally valid. This may happen if there are concerns that the will-maker (also known as the testator):
