Contracting To Stop Someone Contesting A Will

It is possible for a person to give away the rights that they may have under the Succession Legislation to bring a claim for family provision [see: section 95 of the Succession Act]. 

Whilst that is so a release of rights to stop someone contesting a will needs to be done carefully and in accordance with the requirements of the act which will probably require the approval of the court. 

A release of rights, if not done in accordance with the legislation, could amount to an unenforceable agreement.

If you are challenging a will or defending a will that is being challenged and there is an issue about whether or not a person has released their rights contact us to book a conference to discuss the requirements of your case.

* Disclaimer:- This publication contains general information which may not suit your particular needs or circumstances. It may be summarised and include generalisations. Details that may be important in your specific circumstances might not be included. Litigant strives to ensure that the information in this publication is accurate and up-to-date, but does not represent or guarantee that it is accurate, reliable, current, complete or suitable. You should independently evaluate and verify the accuracy, reliability, currency, completeness and suitability of the information, before you rely on it. The information in this publication is not legal or other professional advice. You should obtain independent legal or professional advice that is tailored to your particular circumstances if you have concerns. To the maximum extent permitted by law, Litigant excludes liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content in this publication. Litigant asserts copyright over the content of this publication.