Who can contest my Will?
While you are entitled to leave your assets to anyone you wish, in some circumstances, friends or relatives who believe they have not been sufficiently provided for are entitled to contest your Will.
People who can contest your Will under the Succession Act 2006 (NSW) are not restricted to your spouse and children. Claimants can include a defacto partner, any other dependants or a former spouse.
The person needs to convince the Court that they should receive a share or greater share of your estate, based on their ‘need’.
An increasing number of people now have complicated family structures such as blended families and second marriages. This may increase the likelihood of your Will being contested.
A professional Will maker is able to advise people making Wills on how to address possible challenges.