Will contesting, also known as a ‘family provision claim’, is a legal process in which an individual challenges the validity of a will or its provisions. It is a complex area of law that can be quite costly and time consuming. However, if successful, it can often result in obtaining financial benefits for those who have been left out of the will.
In Australia, the governing laws regarding wills and estate planning are different from state to state. The various states have their own specific rules and regulations when it comes to will contesting. Generally speaking though, any person who has been left out of another’s will or believes they should receive more than they were given may be able to make a family provision claim against the deceased estate. This type of dispute is usually brought up by an individual with an interest in this person’s estate such as children or dependants who were not adequately provided for under the terms of the will (or lack thereof). In some cases, even close friends may be able to bring forward such a claim if there was evidence that would suggest relying on them for support at some point before death had occurred.