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Australian courts seldom change valid wills without legitimate reasons. This means that a will can be challenged by a party or individual only under certain conditions.
Which Conditions does a Disputed Will Require?
Under all Australian Territory and State law, circumstances for disputing a will are similar. These are:
Can one contest an unclear will?
If the will was clear, well-written and specific then a challenge will most probably fail. However, if it's ambiguous, an interested party or the executor of the will maker's estate can apply for clarification of some aspects of the will.
What are negligence claims?
One can challenge a will on negligence claims. This can be considered if:
This list is by no means exhaustive but captures some of the common reasons for contesting a will.
Who can challenge a will?
Any close relations of the deceased or family member who may go through financial hardship by being left out may challenge a will. This includes:
The court will consider the age, physical or mental disabilities and financial resources of the applicant among other factors pertinent to the state of the person in relation to the case.
You should seek legal counsel before lodging an application to challenge a will since it is considered a serious matter by all involved, family, friends, acquaintances and even the courts.