Communtity Law Manual | Wills | Challenges to your will after you die

Challenges to your will after you die

Overview

There are several ways your will can be challenged and a number of people who can challenge it.

  • Invalid wills – The legal validity of a will can be challenged if, for example, it wasn’t made and witnessed in the proper way (see “Challenges to the legal validity of a will” in this section). However, if there’s no dispute about the legal validity of a will, it may still be possible to challenge it in one of the following three ways.
  • Family Protection Act 1955 – A family member can challenge a will under the Act on the grounds that they were not provided for adequately in the will (see “Claims by family members under the Family Protection Act” in this section).
  • Testamentary promises – If you broke a promise to provide for someone in your will, in return for work or services that they provided, that person can apply to the courts under the Law Reform (Testamentary Promises) Act 1949 (see “Promises you made during your lifetime” in this section).
  • Relationship property – Your spouse or partner can apply under the Property (Relationships) Act 1976 to receive half of the relationship property if they are not satisfied with what they have been left under your will (see “Relationship property laws and how they can affect wills” in this section).

All of these (apart from questioning the validity of a will) apply also if there is no will.

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