1 Comments Wills, probate, letters of administration, powers of attorney
Hi WaynesSister. Contesting a will is very difficult and expensive in terms of legal fees. Someone who chooses to contest a will usually chooses does so under the Family Provisions Act (appropriate to each State or Territory). There are strict conditions under the legislation as to who is entitled to make a claim. The person making the claim must demonstrate that they were financially dependent on the deceased and/or being excluded will/may have a significant effect on the welfare of the claimant if the will were to be probated. Usually claims are made by disaffected children or spouses that have been excluded from the will. In a lot of cases the claims are justifiable which is what the legislation is designed to achieve. Claims by siblings who are not financially dependent on the testator may never get beyond the first meeting with their lawyer. The disposition of your estate in your will is your choice.