Challenged to Wills are far less common than challenges to estates. A Will can be contested or challenge when it is alleged that the will was:
- executed under undue influence from others.
- executed when the testator lacked capacity to understand what he/she was doing.
- tampered-with or altered after it was signed.
- the meaning of the Will is unclear
- a later Will has been made by the deceased.
- incorrectly executed or otherwise invalid due to a failure to follow the correct formalities.
- since been revoked and procured via fraud
Challenges to Estates
The main type of challenge to a deceased estate is where a disappointed beneficiary claims that insufficient provision has been made for him/her in the Will.
Each Estate & Territory in Australia has local Family Provision Legislation to permit certain categories of people to potentially claim for greater provision out of a deceased estate (such as spouse, children or others that the testator had an obligation to provide-for).
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