A member asked over 9 years ago

Contesting an estate without will

If there is no will, is it still possible to challenge how the estate is divided up?

Sandy  Rizkallah
Managing Partner/Director at Rizkallah Partners
Yes. Contesting a Will occurs when an eligible applicant disputes the terms of a Will because they have been either inadequately provided for or totally excluded. Even in circumstances where there is no Will and the Estate is determined on intestacy, you may still be eligible to make a claim in the same way as if the deceased had died with a Will.
The class of eligible persons who can contest an intestacy distribution differs in each State.
You should obtain legal advice to discuss your options in proceeding with a claim as soon as possible, as there are strict time limits which apply.

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Answered about 9 years ago   Legal disclaimer

Val Antoff
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