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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