A legal Will is an important protection - both for your assets and for the people you care about and want to look after and provide for. However, there are some circumstances in which a Will may be contested in court, if there are beneficiaries - or non-beneficiaries - who want to challenge the plans you’ve laid down.
While a Will created through Willed.com.au is entirely valid and legal, every Will can have grounds to be contested, depending on the beneficiaries, the assets and the circumstances, whether the Will was created by a team of lawyers, or built using our platform.
In some situations, a contested Will could be settled through mediation; in others, it could become a court case and will need to be resolved legally. Here’s what you need to know.
There are a range of people who may have an interest in, and could be allowed to contest your Will.
However, qualifying to be able to contest a Will doesn’t mean the challenge will be successful, and there are a range of factors that the courts will take into consideration if someone does attempt to contest your own plans.
What are the grounds to contest your Will?
If your Will is contested, some of the following factors and grounds may be considered; however, there are a range of additional questions that may arise unique to your circumstances and the circumstances of the person contesting the Will that could also play a part in determining the success of the challenge.
Being proactive is the best solution.
While it’s not possible in Australia to create a contest-proof Will, there are definitely steps that you can take to make sure your plans are as solid as possible. Thinking carefully and clearly about who your beneficiaries are going to be and what your division of assets will look like and having frank and honest discussions with the people you trust to advise you could help you to work out where the potential issues might arise and solve them before they become a problem.
The risk of having a Will contested doesn’t mean that the value of a WIll decreases in any way. It’s still important to make a plan and set out your wishes, because without a Will, any issues that would have come into play will be worsened by the confusion!