Requirements For Successfully Contesting A Will

A family provision order will be made when someone successfully contests a will. Before that will happen there are a number of requirements: -

• the person is eligible; 
• there are factors warranting (for eligible applicants in s 57 (d) - (f)
• the Will does not make adequate provision for that person's proper maintenance, education and advancement in life. 

Once an order is enlivened the court can exercise its discretion to make any order it "thinks fit".

Commonly the court will consider the factors in s 60 to decide on eligibility, whether to make an order and the nature of the order that should be made. Both the applicant and the defendant should pay close attention to addressing the factors in s 60 as they will inform the court's discretion. 

If you want to contest a will because you have not been adequately provided for (or need to defend a Will when it is challenged) then schedule a conference to discuss your options. 

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