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Contesting a Will of a deceased estate is a difficult and emotional decision to make. If you are entitled to make a claim against a deceased estate, careful consideration needs to be given to your prospects of success. If you have been unfairly left out of a Will an application to the Court, known as a Family Provision Application, can be made on your behalf. In this Application you will challenge the Will and ask the Court to make an order that you are properly provided for from the deceased estate.

If you feel that the executor of a Will is not carrying out his or her duties properly, the executor has a conflict of interest, or is acting improperly, it may be necessary to have the executor removed by the Court. The Courts have wide powers to remove a personal representative/executor however it is in the Court’s discretion as to whether the executor is removed. The Court will consider mismanagement of a deceased Estate and also misconduct of the executor in an application.

Generally speaking, the legal costs for challenging a Will may be paid from the deceased Estate. This however is not always the case and if the executors of a deceased Estate do not agree to pay your legal fees for contesting a Will you may need to apply to the Court for costs to be paid. There are a number of decisions from the Supreme Court dealing with this issue if you are unsuccessful in challenging a Will the Court may order that you pay the costs of the deceased Estate. We will give very detailed consideration to your claim before contesting a Will so that you are fully aware of your legal position before you contest a Will.