Can a grandchild challenge a will? Can an estranged child contest a will? Can I challenge or contest a will? If the grandchild thinks the Will is invali they can challenge it on this basis.
Alternatively, grandchildren can.
According to the Succession Act, grandchildren are eligible to contest a will if they were wholly or partly dependent upon the grandparent who passed away at any stage during their life. If you are a grandfather or grandmother and you want to understand your grandchildren’s rights, or you are a grandchild who wishes to contest a will, contact us today. If you do not have grounds, you will not be successful and will likely cause a significant amount of.
Essentially the estate belongs. In most states, only a person with standing can contest a will, according to FindLaw. Courts have, as a general rule, recognised that a grandparent does not have a responsibility to make provision for a grandchild (that obligation rests on the parent of the grandchild) unless there are special circumstances.
Following on from our article examining the right of step-children to challenge the Will of a deceased step-parent, the current family provision legislation in Western Australia allows a number of other family members to make a claim, including allowing a grandchild to challenge the Will of a deceased grandparent in limited circumstances. (more…)