Left out of a will?
When someone close to you dies it is always a difficult time. However, if it comes as a shock that the deceased has not remembered you in his or her Will, it can be devastating.
While the law recognises that, when making a Will, a person has the right to deal with their estate as they wish, there is legislation in place to protect those to whom the deceased had a moral responsibility.
A Will can be challenged if:
- you haven’t been fairly provided for, or have been left out of a Will
- you believe that a Will is grossly unfair
- you have reason to believe the deceased was not in a sound state of mind when they made a Will, or
- the intentions of a Will are unclear.
Can I challenge a Will?
You can, but the amount of time you have in which to do so varies from state to state.
New wills legislation means you can contest a Will where:
- the deceased’s intentions are not carried out in the Will
- an error has been made in the Will or its provisions are ambiguous
- the deceased had a lack of capacity to make the Will when it was created, or
- inadequate provisions have been made for family members or people who should be provided for.
Contact Us today for more information.
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