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ARTICLE · 03 JULY 2019

Contesting a will in the family provision context

Contesting a Will can be confronting, so consider these matters before deciding whether or not to contest the Will.

AustraliaFamily and Matrimonial

Introduction

It is a generally accepted principle of law that an individual is entitled to leave their property by Will to whomever they wish when they die. However, there are unique circumstances where the Court may alter the terms of the Will.

If you believe that the deceased in his or her Will has not made appropriate provisions for you, you may be entitled to contest its terms by lodging an application with the Court for an order for provision to be made out of the deceased's estate to you (known as the family provision application). Contesting a Will is often a confronting process, and there are a number of factors which you should consider when deciding whether or not to contest a Will.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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