The death of a loved one is often a difficult time that involves major decisions. In some cases, a person may believe they have been unfairly left out of a loved one’s will or treated unjustly by the deceased (the Testator). In other cases, a person may question whether the will is valid. Keep reading to learn why you might consider disputing a will and whether you are eligible to do so.
Common Reasons for Disputing a Will
A will can be disputed for several reasons. Often, a person connected to the Testator feels they have been unfairly treated or not adequately provided for. In some cases, a beneficiary receives less than expected, or someone is left out entirely. As a result, they may seek a fairer share of the estate. Additionally, some people challenge the validity of a will. This usually happens where concerns exist about how the will was made or signed. For example, issues may arise if:- The deceased lacked mental capacity when making the will
- Fraud or forgery occurred during the preparation or signing of the will
- A witness to the will also benefited from it
- Another person influenced the deceased when the will was made
Who Can Dispute a Will?
Not everyone can dispute a will. Generally, a person must have had a close relationship with the deceased. However, eligibility rules vary across states. Under the Succession Act 2006 s57, eligible people may include:- A spouse or husband/wife
- A de facto partner
- A former spouse or former de facto partner
- A child, stepchild, or grandchild
- A parent, sibling, or grandparent
- A caregiver
- A parent of the deceased’s child
- A person who depended financially on the deceased