Contesting a Will – Family Provision Claims

After someone’s death, there may be a dispute in the form of an estate battle or challenging a suspicious will.

Family Provision Claims

If you expected to be a beneficiary under a Will but have not been adequately provided for, you can make a claim against the Estate under the Succession Act, provided you are the deceased’s:

• spouse (including a former spouse),

• partner,

• child or

• were dependent on the deceased at any time.

You must also be able to clearly establish reasons as to why you should qualify for a greater share of the assets of the deceased Estate.

Disputing the Validity of a Will

There may be a will in place that you believe is suspicious due to one or more of the following reasons:

• the deceased person did not have capacity to make the will at the date of signing;

• that someone else was involved in the creation of the will;

• that the deceased was forced into signing the will by someone else;

• that the deceased did not know or understand what they were doing when they made the will;

• that the deceased made the will based on facts that were not true.

Relying on Promises Made by the Deceased

There may also be an instance where someone has relied on a promise that was made by the deceased, such as if you care for me you can have my home or if you work in my business/farm you can have the business/farm. If the deceased did not follow through on these promises you can have an action against the deceased’s estate.

As you can see there are several options in relation to contesting a will. Hozack Clisdell have a number of solicitors who work specifically in this area and have substantial experience that would be willing to help.