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- since been revoked and procured via fraud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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SPECIAL REPORT “7 Things You Must Know Before You Make Your Will”
In this report you will Learn:
Why home-made Wills can be a LOT more expensive than you might think.
The secret weapons used by the rich & powerful to protect their assets, and transfer their wealth two or three generations ahead.
How Estate and Trustee Companies make BIG money from “free” Wills.
The Most Common Estate Planning Mistakes, how they can cost your family a fortune, and How to Avoid Them.
The Elements of a Sound Estate Plan – why a Will alone is not enough.
How to Make Sure Your Assets Stay in Your Family and are not lost to creditors, lawsuits or ex-spouses.
How to guard against challenges to your Estate after you’re gone.
