Anyone can challenge a Will if the facts justify the challenge. Under the Administration and Probate Act 1958 a Will can be challenged and the court can make provision out of the deceased’s estate. This is commonly known as a Testators Family Maintenance (TFM) Application.
Applications can be made where the deceased failed to make adequate provision for persons (usually family members such as spouses/defacto spouses/children/step-children/grandchildren/parents) to whom the deceased is seen to have owed a moral duty or moral obligation of responsibility.
If you feel that a person who has died has not made adequate provision for you in their Will, there are avenues that you can take to challenge that Will. Please contact our Estate Team to find out more and be very mindful that very strict time limits for challenging Wills do apply.
Alternatively if you are an Executor or Administrator of a Will that is being challenged, we can assist you, please contact our Estate Team to find out how.