Yes...a wide open question, so whether you can or should is something you should get advice on.

First, you may be able to show the will was not valid. That is rarely successful, but there can be grounds like:

(a) The willmaker did not have "capacity"...that is the willmaker did not know who was in their "family", they did not know what they owned, or they did not know what the document did as a will. They might have been suffering from dementia at a level sufficiently serious to mean they could not make a valid will;

(b) The willmaker might not have signed the document...it was forged...or the willmaker might not have known what they were signing;

(c) The willmaker could be proven to have been under improper influence of someone.

Second, there might be something that works outside the will...such as a promise that the willmaker will give the farm to the person who is to work on it for minimal wages until the testator's death. There could be a trust...like where someone erects a house on the willmaker's land and pays for it, and thus may get a share in that land outside the will provisions.

The third and most usual way is where a person is an "eligible person" under the Succession Act (NSW, similar acts in other states). If within the category of being eligible, the issue is whether "proper provision" has been made for the person...only a solicitor experienced in the area can tell you your chances, and whether it is worth it in both dollar and other terms. "Eligible person" includes spouse, de facto, same sex partner, child, and even some people who have been a member of the household of the deceased and wholly or partly dependant on them.

Remember that will litigation often makes family law look kind and gentle. You need good advice, delivered on your own circumstances, by someone with experience, intelligence and commonsense.

Chris Wall

Yes it is definitely possible to contest a Will. There are two ways in which you can contest the Will;
1. Challenge the validity of the Will on the basis that the deceased lacked testamentary capacity at the time of signing their Will; they were unduly influenced; they did not know or approve the contents of their Will; the Will is a forgery.
2. Contesting the Will pursuant to family provision legislation on the basis that you are an eligible person to claim and are in financial need and the terms of the Will do not adequately provide for your maintenance and support.

In South Australia, eligible persons to contest a Will include; a spouse, former spouse, child of the deceased, domestic partner of the deceased, stepchild, grandchild, sibling, parent and a person who was in a close relationship with the deceased.
There are strict time limits in which you can contest the Will. You have 6 months from the grant of Probate in South Australia.
It is very important to obtain legal advice if you wish to proceed with your claim.