If you feel you have been treated unfairly in a will – left without adequate provision for maintenance, education or general life advancement – you may be able to challenge the will in court with a Family Provision Claim. In this claim, you (the contesting party) will ask the Court to make an order to ensure you are properly provided for by the deceased’s estate.]
How do I contest a will?
Contesting the will of someone who has passed away is a difficult decision to make. Speaking with an experienced probate lawyer is your first step. The experienced team at Gerard Malouf & Partners has a strong track record of successfully challenging wills and can even remove financial barriers with our no-win no-fee policy.
For what reasons can I contest a will?
Some common reasons include:
What are some examples of when a Will might be challenged?
How do I know if I’m eligible to make a claim?
Only certain people are eligible to make a claim:
How can I challenge a Will successfully?
You will need to demonstrate that you were personally connected to the deceased and that they owed you a “moral dependence” that was wholly or partially unfulfilled. You will also need to demonstrate that you have a need for provision from the deceased’s estate.
The team at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers are highly experienced probate lawyers who can guide you through this process.