Can my will be overturned?

Sometimes a will may be successfully challenged in court on the following grounds:

  • That it is invalid (has been signed or witnessed incorrectly).
  • If you had a moral duty to provide for somebody but failed to. This is a claim under the Family Protection Act.
  • If your spouse/partner of at least three years (less if you have had a child together) decides to claim half of the relationship property instead of accepting what was left for them in the will.
  • If you had promised to leave something to somebody on your death for services that they had performed but never updated your will. This is called a testamentary promise.

If you would like further advice about wills, please make an appointment with Malcolm McKenzie or Scott Donaldson.

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