Contesting a Will
To challenge a Will, the applicant must be able to demonstrate that the deceased had a ‘moral duty’ to provide for them. Generally, the applicant must be a close relation to the deceased such as their spouse, domestic partner, child or parent. However, other relationships may be considered. The court will take various factors into account such as:
- The length and nature of their relationship
- Any disabilities of the applicant
- The applicant’s earning capacity and financial needs
- The applicant’s age, character and conduct
- The size of the estate
- Whether there was a contribution made by the applicant to the size of the estate or the well-being of the deceased
- Whether the deceased supported the applicant before their death
A person may challenge the validity of a Will if there is reason to believe that the document was forged, the deceased was lacking mental capacity at the time or they made the Will under the influence of others.
If a person wishes to challenge a Will, they must do so within 6 months of the Grant of Probate.