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What Are The Common Reasons to Contest a Will?




A will is very important in planning what happens to your things after you pass away. It tells people how you want your stuff, like your home, money, and other belongings, to be given out when you’re gone.

Sometimes, even with a will, people can’t agree on what it says or if it’s fair. It can be hard for families because arguing about a will can bring up strong feelings and legal problems. This article will talk about why people sometimes don’t agree with a will and what makes them want to question it.

The Purpose And Importance of a Will

A will is a paper that says how people want their things given out when they die. It’s like a map that tells family members what they get, helping avoid fights and ensuring the person’s choices are followed. Goodwill can also help save money on taxes, keep things safe, and ensure family and friends are cared for.

If someone dies without a will, it’s called “intestate.” This situation can cause problems because the government decides how things are split up. Without a will, families might fight more, and choices about who looks after young kids might not be what the person would have wanted. It helps ensure your choices are followed, and your family is okay.

Common Reasons to Contest a Will

If you live in Australia, challenging a will is a big step. It means someone is questioning if the will shows what the person who passed away wanted. Usually, people contesting a will in Adelaide is okay after it’s made. Sometimes, they might feel it doesn’t truly share the wishes of the person who has passed. People have different reasons for challenging a will. Here are some main reasons:

Lack of Testamentary Capacity

There’s the question of the person’s mind when they made the will. They need to understand what they’re doing fully. Some health problems, like dementia, can make it hard for them to think clearly. It might not be valid if they weren’t thinking clearly when they made the will.


Undue Influence

This reason is when someone pressures or tricks the person into changing the will in a way they wouldn’t want. It might be suspected if someone who wasn’t close suddenly gets a lot. Situations like these happen, especially if they were alone with the person a lot before the will was changed.

Fraud or Forgery

Fraud or forgery is when the will doesn’t show what the person wanted because they were tricked or changed the will without them knowing. Signs might be if the signature looks odd or if the language in the will sounds strange.

Improper Execution

A will also need to be made the right way. Writing a will means following certain rules, like having the right number of people watch the person sign. If these rules aren’t followed, the will might not be valid.

The Existence of a More Recent Will

Sometimes, the will might be unclear. It might be hard to understand who gets what. When this happens, family members might argue over the true meaning of the will. People should update their will when things like marriages or births happen. If a newer will is found after they pass away, it usually replaces the old one. But if they’re very different, the old will might be challenged.


Future Outcomes of Contesting a Will

Deciding to challenge a will can be a personal choice with emotional ties. It’s essential to understand that beyond feelings, there are serious legal and money matters to consider. Before going to court, people should try other ways to solve their problems. One common method is mediation, where someone neutral helps both sides agree.

Challenging a will has its dangers as well. If someone loses the case, they might have to pay any legal fees, including the other side’s. Some wills even have rules that if someone challenges the will and loses, they get nothing from it. Challenges can also cause problems in families, leading to bad feelings that last a long time.

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