Contesting a Will

Contesting a Will


A Will is a legal document that permits a person to make decisions on how their assets will be managed and distributed upon their death.

A person is entitled to leave their assets to anyone they wish. However, friends and relatives of the deceased can contest the Will if they believe they have been left out, or not sufficiently provided for.

Under most circumstances, claimants can include a de-facto partner, former spouse or any other dependants.

To contest a Will the claimant must begin their claim within twelve months of the death. The claimant must convince the Court that the deceased failed to make sufficient provisions for their maintenance, education or advancement in life.

To prevent a Will from being contested:

  • carefully word the Will, making sure it is clear and unambiguous
  • review the Will regularly to represent any changes within the family
  • include a clause on why dependants have been excluded
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If you believe the matters discussed above are relevant to your business, please contact Darren Smith of our office to discuss further.


Darren is a Chartered Accountant with extensive experience, including working in the big 4 and medium sized firms before becoming a partner of a city based firm in 2000.

He has gained much experience and has extensive knowledge in providing business and taxation advice, superannuation planning, negotiation of sales and acquisitions of businesses and property development. His client base covers a wide range of industry groups.

Darren works with business owners to grow their businesses and create personal wealth within and outside of their business.


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