There are certain classes of people that may contest a Will. The law appreciates that a person has the right to choose who their Estate is left to, but the Succession Act 2006 allows some people to challenge a Will if they have been unfairly left out.
The people that are able to challenge a Will include the following;
- A wife or husband;
- Those that are in a de facto relationship, with the deceased, at the time of death;
- A child of the deceased;
- A former wife or husband of the deceased; and
- A grandchild or member of the household that has been dependent on the deceased.
Once the Court is satisfied that the Plaintiff is “an eligible person” they will then look at the factors as outlined in Section 60(2) of the Succession Act 2006. These include the type of relationship between the Plaintiff and deceased, the nature and extent of the obligations or responsibilities, financial resources of the Plaintiff, financial situation of people cohabitating with the Plaintiff, any physical or intellectual disability of the Plaintiff as well as character and conduct of the Plaintiff during the deceased’s life time. All of these factors are considered by the Court when looking at whether there should be some provision for the Plaintiff.
The Court will also consider any provisions made for the Plaintiff during the life of the deceased. That is to say that if the deceased help the Plaintiff financially during his or her life time that will be relevant to any claim made by him or her.
If you wish to challenge a Will or defend a Will if you are an Executor, please contact us at Everingham Solomons for assistance because Helping You is Our Business.
Click here for more information on Mark Grady.