Is there a time as to how long someone has to contest a Will?

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

How to Connect with Us

We make it easy for individuals to connect with our legal team.
You can request a call back from our legal team in three easy ways.

Call Us

Call our toll free number.

Email Us

Email our legal team.

Online Form

Request a call back online.