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:
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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