At Kruger Law, we often receive questions about Estate and Probate disputes.

This article answers some of the more common ones.

Question 1:

Can I challenge a Will if I have been left out of it?


Yes, but only if you’re a:-

  • Spouse – including a defacto;
  • Child (including step-child); or
  • A dependant

of the deceased.

Question 2:

How do I challenge a distribution under a Will?


Time periods apply, so it is important you seek legal advice.

Generally, there are two initial steps:

Step 1 –   A challenger must give notice to the executor of the intention to challenge, within six months of the deceased’s death.

Step 2 –   A challenger must commence proceedings within nine months of the deceased’s death.

Question 3:

What does the court look at when deciding whether a claim should succeed?


The starting point is the level of need of the challenger.

If a challenger demonstrates financial need, how much of the estate they ought receive involves considering:-

  • the size of the estate;
  • the nature of the relationship between the challenger and the deceased; and
  • other “competing” claims.

Question 4:

Who is responsible for the costs of the challenge?


The costs of court proceedings are always at the discretion of the Court.

Typically, however, If a challenger is successful with their claim, they can reasonably expect that the court will order their legal costs of pursuing the claim be paid by the estate.