Contesting a Will

"Contesting a Will" is an umbrella phrase covering two very different actions. The first is a family provision claim, which accepts the Will is valid but asks the court for a fairer share for an eligible person. The second is challenging the Will's validity itself — arguing the deceased lacked testamentary capacity, was unduly influenced, or that the Will was not properly signed and witnessed. The two paths have different tests, time limits and outcomes, so it is important to know which one applies.

Someone worried a grant will issue before they can act can lodge a caveat to pause probate, while strict deadlines apply to provision claims in every state. Example: Suspecting his late mother signed under pressure from a carer, David explored contesting the Will on the ground of undue influence rather than bringing a provision claim.