Will Dispute – Can anyone Challenge my Will?

When writing your Will you want to be sure you protect your family from a Will dispute.

Finding the time to write your Will is not easy with the busy lifestyles we all lead. So when you finally manage to complete this task, it gives you peace of mind. Protecting and looking after your loved ones after all, even after you pass, is the most important thing in life.So understandably, the last thing you want is for your family to be left with a Will dispute.

If someone chooses to challenge the validity of your Will when you die then this will cause emotional and financial stress on your grieving family. This is something they could certainly do without at such a difficult time.   

Is it possible for someone to challenge my Will?

The short answer is yes. Challenging a Will is possible in certain circumstances. You might be thinking, what is the point in even having a Will if your wishes can be altered. Well, not all persons are entitled to challenge your Will and it can only occur in certain circumstances.

When challenging the Will, the person is challenging the validity of the Will which means that it can be completely invalid. This is why it is essential that your Will is drafted by a solicitor.

Who can challenge my Will?

Not any person can engage in a Will dispute by simply challenging your Will. The person who wishes to dispute your Will must have an interest in your estate before they can do so. Persons who may be able to challenge the validity of the Will can include persons who:

  • Were named as a beneficiary in an earlier Will or your current Will; or
  • Would be entitled to inherit under NSW law if you did not have a Will (intestacy laws).

Grounds for challenging the Will

There are certain grounds, which will allow a person to challenge the validity of your Will. This can include questions over you having an understanding of what you are signing, how the Will is executed, or whether someone has influenced your decisions in your Will.

What does it mean for my Will to be challenged?

When an eligible person decides to challenge your Will this will usually mean taking an action in the Supreme Court before a judge. The Court process can cause significant worry, stress, delay and expense for your loved ones so you want to safeguard against this the best you can.

Time Limits for challenging your will.

It is important for you to be aware that if a person enter into a Will dispute then there is no time restrictions imposed on this.

What if someone is successful in challenging my Will?

If someone is successful in challenging your Will then this could lead to your wishes not being respected. Not to mention part of your estate being wasted on costly legal proceedings.

What you can do to prevent a Will dispute

It is vital that you get the right advice when it comes to making a will. Ensuring that the Will meets all of the legal requirements is essential to preventing a Will dispute. Vaarzon-Morel Solicitors will take the time to understand your situation and give you the right advice and support for your individual needs.

Take the time to do it right from the outset and you could be saving your loved ones from a stressful and costly situation in the future.