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Have you been unfairly provided for in a Will?
The death of someone close is a testing time. Contesting a Will can make things even more difficult. But if you believe you’re entitled to more from a deceased estate, we may be able to help.

Even though the law recognises a person's right to choose who will inherit his or her property, there are often very good reasons why a person should be contesting a Will such as:

1. Family provision applications.

2. Did the Will maker have the capacity to make a Will?

3. Was the Will maker unfairly influenced?

4. Breach of trust claim.

5. Proper interpretation of the Will - Construction applications.



1. Family provision applications.

A person who has been left out of a Will, or unfairly provided for can make a claim for a larger share of a deceased person's estate.

Common examples of this include:

The type of relationship that an individual has with the deceased leading to a potential claim against the estate continues to expand from state to state.

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2. Did the Will maker have the capacity to make a Will?

A lack of “testamentary capacity” can invalidate a will. A beneficiary of an earlier Will can challenge a more recent Will if the deceased person did not have the mental capacity to understand what he or she was signing.

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3. Was the Will maker unfairly influenced?

A beneficiary of an earlier Will can challenge a more recent Will if the deceased person was 'unduly influenced' by another person to sign a Will that did not reflect that person's true wishes.

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4. Breach of trust claim.

A beneficiary under a Will or trust can apply to the court to remove an executor or trustee who fails to administer a Will or trust properly. The beneficiary can also seek compensation if they suffer financial loss as a result of the executor or trustee's wrongdoing.

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5. Proper interpretation of the Will - Construction applications.

An application can be made to the Supreme Court to rule on the proper interpretation of provisions in a Will. Oral evidence and documents can be put before the Court to assist it in making its judgment.

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