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Who can challenge my will?

  • Under the law you are free to dispose of your property to whoever you want under your will.
  • However an eligible person can challenge your will if you have failed to make adequate provision for their proper maintenance, education or advancement in life.
  • An eligible person is a person who is:
    • your wife or husband at the time of your death;
    • your de facto partner at the time of your death;
    • your child including a step-child or adopted child;
    • your former wife or husband if they have remained dependant on you; or
    • any other person who was wholly or partly dependant on you.
  • See our Family Provision Law Overview Guide for more information.

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