When someone passes away, their will is meant to provide clear instructions about how their estate should be managed and distributed. For most families, it offers a sense of direction during a time of grief. But sometimes, questions arise, and a will may be contested.

Contesting a will isn’t common, but when it does happen, it can be emotionally and legally complex. At Willis Legal, we’re here to help you understand what’s involved, and to support you through the process with care, clarity, and professionalism.

Why might a will be contested?

A will can only be challenged on specific legal grounds. Examples include:

• Family Protection Act claims - where close family members feel they haven’t been properly provided for in the will.
• Property (Relationships) Act claims - where a surviving partner may be entitled to a share of relationship property.
• Concerns about validity - for example, if the will wasn’t signed or witnessed correctly, or if the person lacked mental capacity when they made it.
• Undue influence - where someone may have unfairly pressured the will-maker.

It’s important to note that not everyone can contest a will. The law limits this right to certain people, usually spouses, children, or dependents. If you’re unsure whether you’re eligible to make a claim, seeking early legal advice is key.

What does the process involve?

If someone believes they have grounds to contest a will, the process typically includes:

• Obtaining a copy of the will and the assets and liabilities of the estate.
• Negotiation and mediation - many disputes are resolved through negotiation or mediation, without the need for a full court hearing.
• Filing a claim in court - this must be done within a set timeframe, usually within 6-12 months of probate being granted.
• Court involvement - the High Court or Family Court will consider the claim and review supporting evidence, which may include medical records, witness statements, or details of family circumstances.
• Court decision - if no agreement is reached, the Court will make a decision about whether the will should be changed or upheld.

Every case is different, and the Court will look closely at the individual circumstances. The law aims to balance the wishes of the person who made the will with fairness to those left behind.

Things to keep in mind

Contesting a will can be stressful, and it may affect family relationships. Timeframes are strict, and the process can be emotionally charged. It is important to seek legal advice early - not just to understand your rights and the process involved, but to help you navigate the situation with clarity and confidence.

At Willis Legal, we take a people-first approach. We understand that behind every legal issue is a family, a story, and a need for support. Whether you’re considering a claim or responding to one, we’ll walk alongside you: explaining your options, helping you weigh the risks, and working toward a resolution that respects both the law and the people involved.

How we can help

Our team has extensive experience in estate matters, including contested wills. We’ll listen carefully, explain things in plain language, and tailor our advice to your situation. We’re here to help you move forward constructively, with empathy, expertise, and a focus on what matters most.

If you have questions about a will or estate, or you’re unsure where to start, get in touch with us. We’re here to help.