Can a Will be Easily Contested? Understanding the Facts.
One of the most common concerns people have about making a Will is this:
"What's the point of making a Will if it can just be contested anyway?"
It’s a fair question — and a very common misconception. In this article, we break down what it means to contest a Will, how likely it really is, and why making a Will is still one of the most important things you can do to protect your wishes.
Can a Will be Contested?
Under Australian law, certain people (usually close family members or dependants) may be able to challenge a Will if they believe:
They were unfairly left out, or
The Will does not make adequate provision for them.
This is usually done through a process called a family provision claim.
However, it’s important to understand: not every Will can be successfully contested. Courts consider many factors when assessing a claim, including the relationship between the person contesting and the deceased, the size of the estate, and whether the deceased had good reasons for distributing their assets the way they did.
Why Bother Making a Will Then?
Because not making a Will is far worse!
If you die without a valid Will (called dying intestate), your assets will be distributed according to a fixed legal formula. This can mean:
Your assets go to people you wouldn’t have chosen
Certain loved ones (like stepchildren or close friends) may be left out completely
Your estate could be tied up in expensive delays and disputes
Making a clear, legally valid Will helps ensure:
Your wishes are known and easier to carry out
You reduce the risk of confusion or misunderstanding
You protect the people you care about most
Our Wills Help Protect Your wishes
Our online Wills are designed to be:
Legally sound: They include clear clauses to reduce ambiguity and reflect your specific intentions.
Customisable: You can tailor your gifts, executors and guardians based on your unique circumstances.
Considered Persons: Our Wills contain an optional clause where you can name specific person(s) who you believe may contest your Will and why you consider that you have made adequate provision for them either in the Will or during your lifetime. The term “adequate provision” signifies that you have already provided those person(s) with care or financial benefit during your lifetime.
Straightforward: Easy to complete and update when needed.
No Will can guarantee zero risk of being contested. But a properly drafted and executed Will is still the strongest tool you have to make your intentions clear and reduce the chance of disputes.
Still Have Questions?
We understand that estate planning can feel complex — even overwhelming at times. That's why we make it easy to get started and provide tools to guide you every step of the way.
Explore our online Will options or contact us to learn more.
Disclaimer: The information provided in this article is general in nature and does not constitute legal advice. Estate Essentials is not a law firm and does not provide legal services. While we strive to provide accurate and up-to-date information, it may not apply to your specific circumstances or address all potential issues. We strongly recommend consulting an independent legal professional to ensure your estate planning documents meet your unique requirements.