For most challenges, the time limit is within 6 months of Probate being granted. Probate is a document where the Court confirms that the Will is valid and identifies the executor.
The common grounds to challenge a Will are as follows:
- The deceased person didn’t have the mental capacity to enter into a Will when it was signed.
- The Will was forged.
- The deceased person was under undue influence when they made the Will.
- There was a breach of trust by an executor. A breach of trust by an executor is where the executor does not administer the estate properly. Common breaches include: Misappropriation – where the executor has stolen the funds or fraudulently deposes of the assets for profit, Maladministration – if the assets have not been dealt with according to the Will or law, and Breach of trust – where the executor breaches their duty of care to the beneficiaries – for example failing to demand the payment of a debt owing to the estate.
- The Will didn’t provide (or provide sufficiently) for you (including: whether the deceased person had a moral duty towards you, whether you were fully or partially dependant on the deceased, the reasons for the deceased person making the Will in the way they did, and whether the deceased person make adequate provision for you).
