Services

Estate Litigation (contesting a will)

During emotionally difficult times, legal issues may seem unclear and complicated, but our team at Hillhouse Burrough McKeown can assist by providing clear advice and a clear pathway forward regarding contesting a will.

Reasons for validly contesting a will include:

  • a later version of the will exists

  • a belief the deceased did not make the final will

  • the deceased was unduly influenced or of unsound mind

  • there has been fraud or undue influence associated in the making of the will

  • inadequate provision

  • the executor not acting in accordance with the provisions of the will.


Only certain categories of people are eligible to contest a will by bringing a Family Provision Application. They include:

  • the deceased’s spouse or former spouse

  • the deceased’s de facto spouse or former de facto spouse

  • the deceased’s children (including adult children)

  • the deceased’s stepchildren

  • a person who was dependant on the deceased.


To discuss estate litigation, please contact Zac Herps by email.

See our publication on this topic.