Estate planning Succession 2013

Challenges to wills

Source: Western Australia

Published Date: 8 Feb 2013

 

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This paper addresses the grounds on which a will may be challenged, including:

  • validity issues (such as lack of testamentary capacity, undue influence, informality of the testamentary instrument)
  • inheritance disputes (that is, claims under the Inheritance (Family and Dependants Provision) Act 1972 (WA) for proper and adequate provision from the estate of a deceased person).

Sally Bruce gives examples of common situations in which a will is challenged and provide some practical guidance about minimising the risk of a challenge. She also talks about the impending changes to the inheritance legislation which will, among other things, give a stepchild standing to sue the estate of a step-parent in certain circumstances.

Individual Session

Challenges to wills

Author(s): Sally Bruce
Materials from this session:

Details

  • Published By: Sally Bruce
  • Published On:8 Feb 2013
  • Took place at:Hyatt Regency, Perth

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