You web browser may not be properly supported. To use this site and all its features we recommend using the latest versions of Chrome, Safari or Firefox


It is the right of those who have been included in a will to be able to challenge a Will if there are doubts about its integrity and validity.

The right to challenge a Will is very different to contesting the contents of a Will. Instead of focusing on how a deceased’s estate is distributed, the entire validity of the Will and the circumstances in which it was prepared is questioned.

There are a number of different circumstances as to why someone may feel there is reason to challenge a Will.

  • Mental capacity

The potential deceased mental capacity at the time of making the Will is an important factor in determining its validity. A person may challenge a Will if the deceased did not have the necessary mental capacity to properly understand the meaning and effect of the Will. This may happen in circumstances of illness such as the onset of Alzheimer’s disease, or circumstances of mental impairment brought on by a particular disability.

  • Influence of another person

There may also be reason to challenge a Will if it was prepared under the improper or undue influence of another person. For example, any beneficiary from a relative, friend, business associate or neighbour may have pressured the deceased to prepare the will and sign it. In such situations the Will would not have been drafted under the free will of the deceased.

If no Will was left, laws made by the Government known as ‘rules of intestacy’ are used to decide how a deceased person’s estate should be distributed. This formula may not be fair in your circumstances.

If you want to challenge a Will, we strongly recommend that you seek prompt legal advice to ensure that your entitlements are fully protected as time limits apply.

Thank you for your feedback.

Related blog posts

Estate Planning
Bob Hawke’s daughter challenges will for larger piece of his estate
Gettyimages 72381782 Resized Blog
Estate Planning
Avoiding 'Cat Fights' in Estate Litigation
Rich Cat Resized For Blog
Estate Planning
Do you need Testamentary Discretionary Trusts? The what, why, who, how
Signing Contractblog

We're here to help. Make an enquiry now.

If you have a question, want some more information or would just like to speak to someone, make an enquiry now and our Wills team will be in touch with you as soon as possible.

Call us on 1800 444 141