Contesting a will is not uncommon, as not everyone involved will agree with what’s contained within the document. In Australia, each state and territory has different categories of people who can contest a will, so you’ll need to look into the laws in your own state to see who is actually eligible, or confer with a lawyer.
There can be many reasons – and some of them valid – for contesting the contents and provisions of a will, and in this post we’ll take a look at some of the most common reasons why a will might be disputed.
To learn more about contesting a will, or to find a law firm that can help you with the process, go online and do some research by searching for contesting a will.
1. A Family Member Or Dependent Is Left In Financial Hardship
This could include a spouse or ex spouse, dependent children, or other family members who may have been dependent on the deceased’s income when he/she was alive. Again, who exactly is eligible to contest the provisions of the will varies from state to state, so you would need to check this out before lodging any type of formal protest.
If someone with close ties is left in a state of financial hardship as a result of the deceased’s passing and no provisions have been made for this person in the will, then that person might be eligible (and feel compelled) to contest the will.
2. The Contents of the Will Were Unfairly Manipulated Or Coerced
Maybe someone became the sole beneficiary of the estate who others believe shouldn’t have, and possibly that person coerced or manipulated the structure and contents of the will to their benefit. Quite possibly this person was a spouse of partner of the deceased.
If you think the deceased was manipulated or tricked into making changes to the will and you’re eligible to contest the will, then this is a very plausible reason to do so. It’s also not uncommon for this type of unfair scenario to unfold.
3. You Suspect the Will Has Been Forged
Maybe in part or in full. If you suspect forgery, that someone has written or made change to the will without the deceased’s knowledge, then that’s definitely grounds for a dispute regarding the contents of the will.
While forgery of a will is certainly less common than mere coercion, is does happen from time to time and definitely something to keep an eye out for during will proceedings.
4. The Deceased Was Not of Sound Mind
In order for someone to write their will, they have to be considered to be of sound mind and have the mental capacity to be able to make their own decisions. If a will was created by someone suffering dementia, Alzheimer’s or some other known mental disorder, then very likely that person didn’t have the mental capacity to write a will.
It’s also possible that someone in this mentally challenged state might have been easily manipulated to alter the contents of an existing will, or write the will in favour of the person “pulling the strings”.
5 .You Contributed Financially To the Deceased’s Estate
This could be in the form of paying for the house they lived in, a business partnership, supporting the deceased financially when they were alive and a number of others possibilities.
If you played a significant financial role in the deceased’s life, but there have been no provisions made for you in the will, then this is an area where the will could be contested if you have some form of proof regarding your financial input.
6. You Feel You Have Been Unfairly Provided For
Anyone who is eligible to contest a will can do so if they feel they’ve been unfairly or inadequately provided for in the will. This could be a family member who may have been promised X amount upon the deceased’s passing.
Maybe the children of the deceased were expecting equal shares of the estate, but the estate was unevenly divided?
There are numerous reasons why a will might be contested and we’ve covered some of the more common ones here. To be sure of your rights, it’s always best to seek legal counsel.
