Your guide to challenging a Will

When someone dies, it’s an emotional and difficult time for those left behind, particularly if they feel that the provisions of their loved ones’ Will are unjust.What should I do if I feel I was dealt with unjustly in the Will?You can make a claim based on the Succession Act 2006 if you were:    Married to the deceased    Living in a domestic relationship with the deceased at their time of death    A child of the deceased    A previous spouse of the deceased    A person who at some time was dependent on the deceased or a grandchild or member of the deceased’s household.When assessing circumstances of the challenge to the Will, the Court will consider:    The future financial needs of all parties    How individuals supported each other financially    Whether they own property together    Reputation and public aspects of the relationship    Level of mutual commitment; shared life    Character, behaviour and financial situation of the person challenging the Will    Any contribution made by that person to the deceased’s welfare or estateAn application to challenge a Will under the Act must be made within 12 months of the time of death.If you require any further information please contact us at help@cmcox.com.au