Disputing a Will

According to Administration Act 1909, if a dependent individual related to a deceased person does not feel that they have received the right provision that they deserve from the will of the deceased person then they are liable to apply for a provision under section 7 of the Family Provision Act to the will of the deceased person.

WHEN CAN INDIVIDUAL CHALLENGE A WILL?

An individual directly related to the deceased person and not from the marriage have the right to dispute a will according to the section 7 of Family Provision Act 1972. The following persons hold the right to challenge a will and declare it as dispute:

1.A person getting married to the deceased individual immediately before the death

2.A de facto partner started to living in with the deceased immediately just before the death

3.Legal parent of the deceased individual

4.A former spouse of a deceased individual who has been receiving maintenance from the estate of the deceased or if they were liable to get something for the maintenance after the death of the deceased individual.

5.A child born 10 months after the death of the deceased is also liable to apply for the provision from the will of the deceased person

6.Step child of the deceased individual who has already been getting maintained whether wholly or partly by the provision provided by the deceased individual