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Australian law recognises that sometimes, the terms of a will may be unfair. It gives people the right to make a claim against an estate if they are eligible.

The option of challenging a will does not only apply to spouses and children and may apply to grandchildren, relatives, same-sex partners, former spouses, de-facto partners, or people who were living in a close relationship with the deceased.

In NSW, there is 12 months from when the will maker passed-away to challenge a will, so you must act fast.

The most common reasons for challenging a will, include:

  • Being left out of a will.
  • Proper provision not being made for dependants and loved ones.
  • The will being tampered with.
  • A person not having the mental capacity to prepare a will.
  • More recent wills.

When challenging a will, the Court will generally consider:  

  • If the Will was ‘grossly unfair’.
  • If a person has been left out of a will that should have been provided for.
  • The will makers intentions and whether they had the mental capacity to understand what they were doing. 
  • If the person challenging the will was partially or fully dependant on the will maker.


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