Is there a time as to how long someone has to contest a Will?
September 8, 2020
Gemma Charlton
Legal Moment
Ask a Lawyer on Fresh Radio
Transcript
| [phone ringing] | |
| Receptionist: | Cohen Highley |
| Announcer: | And now the Cohen Highley Legal Moment on Fresh Radio. |
| Announcer: | I’m with Gemma Charlton from Cohen Highley Lawyers. Is there a time as to how long someone has to contest a Will? |
| Gemma Charlton: | Generally, challenges to a Will must be made within 2 years from the date of death. |
| Announcer: | Are there any exceptions to that? |
| Gemma Charlton: | In unique circumstances, a Will challenge could be commences later if a different Will is discovered beyond the limitation period. In that scenario, you would have 2 years from the date of discovery of the different Will rather than the date of death. |
| Announcer: | Anything else? |
| Gemma Charlton: | Other claims such as dependant support or a spousal election need to be made within 6 months of either the date of death or the grant of probate. |
| Announcer: | So really, the sooner the better if you feel the need to contest a Will? |
| Gemma Charlton: | Correct. I always advise clients that challenges to Wills should be made as soon as possible. Ideally, well within the 2 year limitation period set by law. |
| Announcer | Thank you, Gemma. This has been the Cohen Highley legal moment. |
| [Music] | |
| Singers: | Cohen Highley, we’re listening. cohenhighley.com |
