What to Do If You Feel That You've Been Unfairly Treated in a Will
Posted on: 7 March 2022
When somebody creates their last will and testament, the content is generally kept secret. Nobody may know its content, apart from any of the necessary witnesses to the signature. Therefore, it can sometimes surprise any interested parties to find out that they may not have been included in such a will when the document is eventually read. If you're in this situation and feel that you should have benefited from the estate, is it possible to contest the document? If so, on what grounds?
Challenging a Will
Much will depend on your jurisdiction if you are thinking about contesting an unfair will. The courts are generally quite reluctant to interfere, but they have been known to step in and alter the content of the will if it can be shown to be objectively unfair.
Burden of Proof
However, the onus will be on you to prove certain factors, including the type of relationship you had with the deceased. For example, did you depend on them in some way when they were alive? Did you contribute to their welfare or to the size of their estate?
Eligibility
You may certainly be eligible if you were related to them as a spouse, former or de facto spouse. You may also be able to lodge a claim if you were a child, stepchild or parent of the testator. Nevertheless, the simple act of being related to the willmaker will not automatically guarantee that you can successfully challenge what you consider an unfair will. After all, the court will take into account your current financial position to see if you have sufficient need for any provision.
A court may also take into account the position and needs of other beneficiaries. Given that the size of the estate will be limited, how would any judgement on your behalf affect other beneficiaries in turn? If this would make them worse off and they are not independently wealthy, then this may certainly work against you as you put your case forward.
Your Next Move
There are many things to take into account before you proceed, including the nature of the relationship with other beneficiaries. You should also consult with a lawyer first and work through the options as they exist in your jurisdiction. The legal expert will help you determine what to do next and estimate the chances of your success, so you can make your decision.
If you need help with a will, contact a lawyer in your area.
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