When can I dispute a Will?

You may contest a Will if you believe there is a problem with it or its validity. Alternatively, if the Will is valid you may approach the court to ask them to award you a larger portion of the estate if you feel there are circumstances that should allow this. 

Who can dispute a Will?

Anyone is able to dispute the validity of the Will as long as they can establish an earlier interest in the Will of the deceased (also known as the testator).

However, South Australian law also requires that you must have a specified relationship with the testator to bring forward a claim. Specified relationships include spouses/former spouses, domestic partners/former domestic partners, children and grandchildren. 

Reasons for Disputing a Will

To dispute a Will, it must be established that it is invalid.

A Will may be invalid if:

• The testator did not possess the capacity to make the Will

• The testator did not know what was in the Will and/or did not understand its content

• The testator was coerced into signing the Will

• Fraud or forgery has occurred

• The Will was not properly signed by the testator

• The Will was not properly witnessed.