Will Contestation in the Australian Capital Territory.

Will contestation in the ACT is primarily conducted under the applicable family provision legislation called the Family Provision Act 1969 (ACT). As such, the process of contesting a will is referred to as filing a family provision claim, because it is a claim by a family member seeking that they be provided

A person who wishes to make this type of claim has to be eligible to do so in the first place. This eligibility is outlined, under section 7 of the Family Provision Act 1969, as a person who is:

• A partner of the deceased
• A person who was in a domestic relationship with the deceased for 2 or more continuous years
• A child, grandchild, or stepchild of the deceased
• A parent of the deceased
• A person who has produced offspring with the deceased

People who intend to make a family provision claim must do so within 6 months of the will being proven in court, which is a period of time known as probate. While this is the usual limit, the court sometimes grants extensions beyond this time frame. A person must provide sufficient justification to show the court why they were unable to file a claim earlier. In which case, the court can make a decision as it sees fit.

Be reminded that if you intend to make a claim, you must do as early as you can, as you would want to avoid any possibility for the value of the deceased’s estate to be reallocated, sold, transferred, or otherwise disposed of once the will has been executed. The last thing you would want to have happen is a situation where there are simply no assets left for you to make a claim against.

The court decides whether a claim is successful or not. Ultimately, the decision will depend on several factors. These may include, but are not limited, to the following:

• The total value of the deceased’s estate
• The other individuals who have been provided for in the will
• The character and conduct of the person making the claim (the claimant)
• The nature of the relationship between the claimant and the deceased
• The income, property, and financial resources of the claimant
• The financial needs and obligations of the claimant
• The physical and mental capacity of the claimant
• Any other matter the court considers relevant

Finally, it’s important to remember that will contestation may be a costly affair, not just in terms of monetary value, but in the sense that it can cause deep friction between families.

In any case, if you believe you have been left behind by the deceased with inadequate provision for your needs, contesting their will might be your best recourse.

We are experienced will and estate lawyers serving Canberra, Queanbeyan, Goulburn, Wollongong, and surrounding locations in Australia, and we’d be happy to provide you with our expertise.

In certain will contestation cases, we will offer a “No-Win, No-Fee” retainer for appropriate cases. The No-Win, No-Fee retainer means that if we do not achieve a successful outcome in your case, you do not have to pay your professional legal costs.

As such, it may be that you have nothing to lose by contacting us today.