Although every person has a right to leave their estate to who they choose when they pass away, this right is qualified by legislation that requires a willmaker to consider the needs of key people in his or her life.
When a willmaker fails to ‘make provision’ in their will for a person in need and deemed eligible by the law, that person can ask the court to alter the terms of the will. The laws have different names in each state but they are generally referred to as claims for ‘family provision’.
There is a second way that you can contest a will, where you argue that the will itself is invalid. It may have been signed by a person who ‘lacked capacity’ or was under pressure from a friend or relative to change their will. These types of will challenges are undertaken in a different part of the court and with a completely different set of rules.
We recommend you start with the Contesting a Will page for state-by-state explanations.
Alternatively, if you think you may be eligible to claim, book a free 15-minute phone consultation to discuss your case with an experienced will dispute lawyer.
Are you an executor named in a will that is being contested? The role of executor carries duties and responsibilities that can feel time-consuming, complicated and burdensome, not to mention emotionally draining. We can help you with that.
Defending a will not only requires a sound understanding of the role and duties of an executor, but an ability to evaluate the strengths and weaknesses of the claim being made against it. Enabling a good settlement requires a level of experience sufficient to anticipate what a judge would do if your matter were ever before the court. A specialist lawyer knows the right questions to ask to undertake this evaluation. He or she knows the ‘tips and traps’ and minimises costs by acting without hesitation. Further, a specialist is much less likely to require the opinion of a barrister in the early stages, representing another cost saving.
If you are an executor, in any state, and you are on uncertain ground we encourage you to seek our guidance.
