“I shall take what’s mine” – Contesting a Will


A will is a formal and legal document describing the distribution of wealth and property of a person after his or her death, usually disclosed after the death. The will constitutes the ownership of property, wealth and other personal belongings to be given to others after his or death. The person whose will is created decides who will get what. But in some cases, the person may overlook a rightful owner. In this case, the contender may appeal to contest the will. For the best guidance and experience in such matter, contact Probate Lawyers Perth.

What is a probate?

A probate is a legal procedure of accepting the will in a court and proving it the final testament of the deceased. It is a multiple step process. The steps are:

  1. Submitting the Will: Firstly, the will is submitted to the court for verification.
  2. Granting the probate: When the will is submitted to the court, the court verifies its validity and grants it as true. The probate then only becomes a legal document to be accepted in a court of law.

Through the process of probation, a will may be contested.

Contesting a Will – What, Who and Why?

The What: When any beneficiary of the will feels that he or she has been pitted in the will or is not getting the rightful share, he or she may go against the will. This is called contesting a will.

The Who: For a person to contest a will, he or she must be eligible for doing so. A person is said to be eligible to contest a will if he or she has some stake in the outcome of the will. If you stand to gain financially from the will you are eligible to contest for it.

The Why: There are many reasons for a will to be in question. They are:

  • Fraud:It means that there is a strong reason to believe that the will being presented is not the original rather is a forged document or a fraud by someone to gain from it.
  • Under influence:It may happen that the deceased was under the influence of another person through the act of bribery, threat, blackmail or drugging thereby creating a will that offended the original beneficiary.
  • Mental incapability:It means that the person was not in his or her mental capacity to generate and sign the will.
  • Improper procedure:It means that the person was not adhering to state laws of will and testament while creating the will, hence making it illegal.

If an individual can provide evidence that the will is questionable, the will can be declared invalid and further actions could be taken. Then a previous probate is allowed to be read and if it is not present, the wealth may be divided on the basis of state inheritance law.

How to Contest a Will?

As it is a legal matter and requires an understanding of law and attention to detail, the best procedure to contest a will is to take legal counsel. Consult a lawyer who can take up the case to the court for you. They have one of the best lawyers who can help you in probating a will as well as contesting a will.

If you think that you are a beneficiary but feel that you should have been given a greater share, or maybe you were left out of the will entirely but believe you are entitled to be included contact Probate Lawyers Perth for best help and constant support.



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