What you need to know about challenging or contesting a will

Litigation is often stressful for the parties involved. Contesting a will is even more emotionally charged as it relates to family.

It is important to understand the process, the issues involved and your rights.

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.

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.
• The deceased person was under undue influence when they made the Will.