When planning your estate, you might wonder about the likelihood of your will being contested and who might be eligible to challenge it. A growing trend has seen grandchildren contesting wills, raising questions about inheritance rights and the legal grounds for such actions.
Can you contest a will? We’re here to explore why grandchildren are contesting wills, how they can do so, and what you can do to protect your estate from a will dispute.
Do Grandchildren Usually Get an Inheritance?
Grandchildren don’t automatically inherit from their grandparents’ estate unless they are specifically included in the will. However, in cases where a grandparent has passed away without updating their will, or if there is a legal challenge, grandchildren may be eligible to inherit depending on the laws in their state or territory—more on that below.
So, should grandchildren be included in a will? Providing for grandchildren in a will is completely up to the individual, and it’s important for grandparents to clearly outline their wishes in their will to ensure their assets are distributed as intended.
What Does It Mean to Contest a Will?
Contesting a will involves challenging its provisions in court, usually because an eligible person believes they have been unfairly left out or inadequately provided for. Challenging a will can lead to a legal dispute, where the court assesses the validity of the will and whether the distribution of assets meets legal and moral obligations.
Why Are Grandchildren Contesting Wills?
There are several reasons why grandchildren might contest a will:
- Financial Dependence: In many cases, a grandchild might have been financially dependent on their grandparent. If they were receiving regular financial support or lived with their grandparents, they might feel entitled to an inheritance.
- Emotional Connection: Grandchildren who have had a close relationship with their grandparents might feel overlooked or hurt if they are left out of the will. This emotional connection can motivate them to challenge the will, seeking recognition and support.
- Legal Rights and Awareness: Increased awareness of legal rights has led more people to contest wills. Grandchildren, especially in jurisdictions where they are recognised as eligible claimants, may pursue legal action if they believe they have a valid claim.
- Family Disputes: In some cases, underlying family tensions or disputes may prompt a grandchild into challenging a will. These disputes may be rooted in perceived favouritism, unequal distribution, or other familial conflicts.
Can Grandchildren Contest a Will in Australia?
The ability for a grandchild to contest a will in Australia varies by state. Generally, the grounds to contest a will rely on whether the grandchild can prove financial dependence on the deceased or a moral obligation of support.
For instance, in Victoria, Queensland, New South Wales, Western Australia, and the Northern Territory, proving financial dependence is key to making a claim, meaning that the grandchild must show that they relied on the deceased for financial support, such as living expenses, education, or housing.
In the ACT, grandchildren can contest a will if their parent predeceased the grandparent or if the grandparent acted as their guardian. However, South Australia does not require proof of dependence, and Tasmania does not allow grandchildren to contest a will.
How Do You Contest a Will?
If a grandchild believes they have grounds to contest a will, they must follow a legal process that involves several steps. Here’s how to contest a will:
- Eligibility: First, the grandchild must establish that they are eligible to contest the will. This usually involves proving financial dependence on the deceased or demonstrating a close relationship.
- Grounds to Contest: The grandchild must then establish valid grounds to contest the will. Common grounds include being left out of the will, receiving an inadequate provision, or believing that the will does not meet the deceased’s moral obligations.
- Filing a Claim: The grandchild must file a claim with the appropriate court, providing evidence to support their case. This may include financial records, evidence of cohabitation, or other documentation.
- Contesting a Will After Probate: How long do you have to contest a will? Typically, a claim must be made within 6-12 months of the grant of probate, though this can vary depending on the state or territory.
Protecting Your Will from Being Contested
Protecting your will from being contested is crucial if you’re concerned about potential disputes. Clear communication with your family members, including grandchildren, can prevent misunderstandings and reduce the likelihood of a will being contested.
Talk to a Professional For Will Dispute Advice
Consulting with a professional is essential to certify your will is properly drafted and legally sound, which can help protect your estate from potential disputes. At PCR Accounting & Advisory, we offer expert guidance on estate planning, helping you navigate the complexities of will disputes and ensuring your assets are distributed according to your wishes.
Safeguard Your Estate with PCR Accounting & Advisory
Understanding why grandchildren contest wills and how to prevent disputes is crucial for anyone planning their estate. While it’s natural to want to provide for your loved ones, your will should reflect your wishes while protecting it from potential disputes is essential. Contact PCR Accounting & Advisory today on 03 9847 7516 to learn more about how we can assist you with estate planning.
Disclaimer: This blog post is for informational purposes only and should not be considered as financial or legal advice. Consult with a qualified professional for personalised guidance based on your specific circumstances.
