January 18, 2017 | 397 viewsWho can contest a will? Carter Capner Lawyer Explains

Who can contest a will?
Carter Capner can answer your questions regarding which family members or other parties are able to challenge a will in Australia.

Our expert lawyer gives you the answers.

Can an executor contest a will?

Answer: An executor can contest a will. To contest a will the executor must be the child, spouse or dependant of the deceased.

Factors the court considers when determining whether an applicant was a dependant include:-
1. Reliance on the deceased for financial support
2. Personal circumstances (e.g. illness, educational support needed, financial needs)

Can grandchildren contest a will?

Answer: A grand child can contest a will if they are a dependant.

Can a child contest a parent’s will?

Answer: A child can contest a parent’s will.

Can a disinherited child contest a will?

Answer: A disinherited child can contest a will.

Can a family member contest a will?

Answer: The deceased’s spouse and children can contest the will. Other family members may be able to contest a will if they were dependant on the deceased.

Can a niece/nephew contest a will? (sub)

Answer: A niece/nephew may be able to contest a will if they were dependant on the deceased.

Can a stepchild contest a will?

Answer: A stepchild can contest a will.

Can a sibling contest a will?

Answer: A sibling may be able to contest a will if they were dependant on the deceased.

Can ex-wife/ex-husband contest a will?

Answer: A former spouse is not a ‘spouse’ as defined by the act. To contest a will a former spouse must show they were – at the time of death – a dependant of the deceased.

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