Anyone who is, or should have been, a beneficiary of the Will can challenge it. Most commonly, eligible applicants are:
There are strict time limits that apply to contesting a Will.
In some cases, you can be barred from challenging a Will if you do not initiate your challenge before the executor obtains probate, or within 9 months from the date of death (whichever comes sooner).
If your challenge is successful, the amount you are entitled to will be determined by:
The cost of challenging a Will varies case by case, depending on the circumstances, such as:
If your challenge is successful, you will usually obtain an order that requires the estate to pay some or all of your legal costs.
At Cairns Wills and Estate Lawyers, we accept instructions on a no win no fee, or deferred fee basis. Contact us to learn more.
Any beneficiary under a Will has the right to challenge the decision-making and conduct of an executor if they believe the executor is:
A challenge to an executor’s conduct can often lead to the removal and replacement of the executor by a beneficiary or third party. Compensation may be paid by the executor to the beneficiary. If successful in the challenge, a beneficiary is usually also entitled to recover their legal costs (associated with the challenge) from the estate.
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