Specific Considerations For Persons Eligible to Contest A Will

Once it is clear that someone is a eligible to contest a will and that they have not been adequately provided for there are some specific considerations that may apply in terms of how the discretion has been exercised. 

When it comes to contesting a will and with respect to the deceased there are some aspects that apply to the following persons: - 

• the spouse e.g. years married, details of any prenuptial agreement, history of the marriage, periods of separation etc;
• defacto partners (when relationship started, that it meets the definition in s 21 C of the Interpretation Act) etc;
• grandchildren;
• members of the household;
• former spouse;
• children especially if adult;
• stepchildren;
• etc. 

To learn more about the specific considerations that may apply to particular eligible persons contact us to book a conference. 

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