Upon the death of a loved one sometimes there are questions raised about the contents of their Will and whether or not the Will truly reflected the intentions of the deceased or in the alternative, whether the Will should be varied by a Court to more adequately provide for the spouse or children of the deceased. The decision to challenge the revisions of a Will can be a very difficult decision to make. Often times it is a very emotional time for the people involved and what is needed is good legal advice.

Estate Litigation FAQ's

Q.Can anyone contest a Will?
A. A child or spouse of the deceased may apply to Court to have a Will declared null and void on the basis that it was not executed properly, was made as a result of undue influence, or that the deceased lacked the necessary "capacity". If the application is successful, an earlier Will if there is one prevails. If there is no earlier Will, the deceased is deemed to have died without a Will and the Estates Administration Act will apply.

Under the Wills Variation Act, a spouse or child may apply to the Court if he or she feels that the Will of the deceased did not make adequate provision for him or her.