I need to dispute a Will – what’s my next step?

EdwardHandsandLewis
August 16, 2013

By Frances Jacobs

The most important thing to know if a Will needs to be disputed is that there is a six month time limit placed on disputing Wills, which starts when the executor is granted probate. Unfortunately if no challenge has been made before this time limit expires then the Will can no longer be disputed. However, if probate was granted to the executor less than six months ago the Will can still be challenged.

Every Will dispute is different because Wills are unique documents and there are many different ways in which they can be challenged. The most common Will disputes surround the issues of undue influence and duress from a third when the Will was created, fraud and forgery in an attempt to alter the terms into the favour of the third party, the Will’s testator not being of sound mind when the will was created, errors and omissions from the will which can cause it to become invalid and also procedural oversights which break the terms of the Wills Act 1963.
If a there is a challenge to be made surrounding a will it is likely that the issue will be resolved using Alternative Dispute Resolution (ADR) and will not be required to go to court. Therefore it is important due to the individual nature of Will dispute claims that legal advice is sought as soon as possible to ensure that the time limit to dispute does not lapse and to increase the claim’s success potential.

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