Wills, Estates & Probate

Contested Will

Also known as: will dispute, challenging a will

In plain English

A will that someone is disputing, either because they think it's invalid or because they want a bigger share of the estate.

What it means

A contested will involves a legal dispute about a deceased person's will. Broadly there are two types: a challenge to the will's validity (for example, claiming lack of testamentary capacity, undue influence or fraud), and a family provision claim seeking a larger share. Validity challenges are dealt with during the probate process, while family provision claims are governed by state and territory succession laws with strict time limits. Both can significantly delay distribution of the estate.

How it's used

The estate was tied up for months once two siblings contested the will, alleging undue influence.

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