Challenging a Will

Through the making of a Will, a person can transfer his or her estate to whoever they wish, but this does not prevent the challenge to a Will by third parties.

In general terms a person can challenge a Will on the following bases:

  • There is a belief that the person making the Will did not understand what he or she was doing at the time of making the Will;
  • Members of the deceased's household or family members have not been adequately provided for;
  • Dependants, or people who are determined to the dependants of the deceased, have not been adequately provided for.

This has implications for both the person making the Will as well as persons who may wish to challenge the Will.

The challenge of a Will is undertaken in the Supreme Court.  

The implications for both those wishing to make a Will and people challenging a Will are significant.

For those making a Will

  • How can I protect my Estate?
  • What conditions can I impose upon my Estate?
  • How do I provide for a member of my family who suffers from a disability?
  • How do I prevent a member of my family from inheriting?

For those who wish to claim against an Estate

  • Unless there is permission to extend the time, then the time limit to claim against an estate is 12 months from the date of death;
  • There is criteria that you must satisfy prior to making a claim against the estate;
  • A Court might still decline to change a person's Will.

Prior to people making a Will or wishing to make a claim against an estate it is important to obtain legal advice.

Peninsula Law Solicitors have been providing such advice in excess of 50 years and are ready to assist with any enquiry.