- Australia's #1 Legal Community is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

Contesting a Will?

Discussion in 'Wills and Estate Planning Law Forum' started by Bob, 23 April 2014.

Find a Lawyer Form
Find a Lawyer Form
Find a Lawyer Form
  1. Bob

    Bob Well-Known Member

    16 April 2014
    Likes Received:
    My grandmother (dad's mother) recently passed away. She had always had a will stating that her assets etc were to be divided between her three children equally. However, turns out my aunt had taken her to an estate planning lawyer and arranged for her to sign a new will a year before she died stating that she is leaving a much larger piece of the pie to her.

    My father and uncle are now wondering what they can do about contesting a will and have it declared invalid, because its likely she didn't know what she was signing because she is Italian and doesn't read English. Can anyone help?
  2. winston wolf

    winston wolf Well-Known Member

    21 April 2014
    Likes Received:
    Generally wills in Australia are contested using the Family Provision Act. It depends on the state to some extent, but it is decided on need and the size of the estate. The will is not made invalid unless the will maker is proven to be incompetent (dementia etc) and is hard to prove without a clinical diagnosis. With an FPA claim the will is modified not made invalid. Dont expect to pay less than 15% of the estate on lawyers before you even get close to court.
    Perhaps more information would give a better answer.

Share This Page