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ARTICLE · 01 AUGUST 2019

Five things you need to know about challenging or contesting a will

To minimise distress and ensure a smooth process in contesting a will, it is important to ensure to claim correctly.

AustraliaFamily and Matrimonial

Contesting a will is an emotionally challenging decision that regularly involves disputes with a loved one. To try and minimise distress and ensure a smooth process, it is important to ensure that you make the correct claim within the required timeframes.

  1. When can I challenge the will?

For most claims the time limit is within 6 months of probate being granted.

Probate is a document where the Court confirms that the Will is valid and identifies the executor.

  1. On what grounds can I challenge the Will?

The common grounds to challenge a Will are as follows:

  • The deceased person didn't have the mental capacity to enter into a Will when it was signed.
  • The Will was forged.

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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. Madgwicks is a member of Meritas, one of the world's largest law firm alliances.

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