How to Challenge or Contest a Will
Published / Last Updated on 01/06/2023
We already have a video published on what happens if a will becomes invalid. See: Invalid Will
If you believe a will is invalid, you can challenge it or contest it. For example:
- Your parent has left you out of the will.
- Your ex-partner has died and the children between the two of you have had no provision made for them in the deceased ex-partner’s will.
- You believe the will was made under duress.
How to Challenge a Will
- You must apply and lodge a caveat (challenge) to the will with the Probate Registry. There is a fee to do this.
- This means that the executors of the will cannot be granted probate until your caveat has been investigated.
- The caveat is valid for 6 months. You can then extend this for a further 6 months if matters are unresolved with another fee payable.
- Executors and beneficiaries can challenge your caveat.
- If you then do not appear before the Probate Court, your caveat can be removed.
- If you do appear before the Probate Court, your caveat, if accepted, will then be in place permanently.
- The caveat can then only be removed by a Court Order.
There is no time limit to challenging a will and we suggest you get legal advice before deciding to challenge or contest a will.
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