Contesting a Will

Each state has its own rules, but generally the following people can make a "family provision" claim: spouse or de facto partner, children (including adult children and stepchildren in some states), former spouses, dependants, and in some states grandchildren or members of the household.

• Inadequate provision — the most common ground. The will doesn't adequately provide for someone the deceased had a responsibility to support
• Lack of capacity — the person didn't have the mental capacity to make the will
• Undue influence — someone pressured or manipulated the will-maker
• Fraud or forgery — the will was tampered with
• Invalid execution — the will wasn't properly witnessed or signed

Will disputes happen inside families that are already grieving. They can destroy relationships that survived the death itself. Before contesting, it can help to ask yourself what outcome you really need. Sometimes a conversation with a mediator — before the lawyers — can resolve what the will could not.

Contesting a will is expensive, and how expensive depends entirely on whether it settles. Many cases settle in mediation without going to court. Legal aid is generally not available for will disputes, but many solicitors offer a free first consultation. Some work on a "no win, no fee" basis for family provision claims. Ask for an estimate in writing before you start.

The process: lodge a caveat to prevent distribution of the estate, file the claim within the time limit, attend mediation, and if unresolved, proceed to court. Most cases take 6–18 months.