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You may be able to
challenge a will on a number of grounds,
provided you are eligible to do so. You
would do this in the Supreme Court and it must
occur no later than eighteen months after the
deceased passed away.
You must be one of the
following persons in order to challenge a
will:
- a spouse or de facto spouse - this may
include a same-sex spouse
- a former spouse;
- a child;
- a person in a domestic relationship
with the deceased – this can be someone who
was in a non-marriage, non-de facto
personal adult relationship with the
deceased, regardless of whether or not they
were related, in which they lived and
provided domestic support and personal care
to each other;
- A dependent grandchild of the
deceased;
- any person who was a dependent of the
deceased and was a part of his or her
household.
A will can be challenged
on any of the following grounds:
- that you were not properly and fairly
provided for in the will and are entitled
to something more than what you got;
- that the deceased did not have the
mental capacity to make a valid will;
- that the will itself is an old one and
no longer valid;
- that the will was interfered with after
it had been signed; or
- that the will was not made with a free
mind because the deceased was tricked,
pressured, intimidated or otherwise
manipulated when making the will.
If you think you may
have a good reason to challenge a will, it is
essential that you talk to a solicitor, who
specialises in wills, as soon as possible.
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