Even though it is a person's right to choose who will inherit his or her estate, there are often  situations where the law allows a Will to be contested.

A Will can be contested for a number of reasons, including (for example):

• People who think they have been unfairly left out of the deceased’s Will;
• If the deceased person did not have the mental capacity to create the Will; or
• If a deceased person was unduly influenced in the creation of the Will.

Challenging a will or a deceased estate is often a complicated and expensive matter. This is because there are many other factors to consider other than the legislation or the current case law which regulates how and when someone can challenge a Will or a deceased estate.

It is important to obtain legal advice as soon as practicable as there may be time limits that may affect your right to challenge. Further if the assets of the estate are already distributed it may be in some cases impossible to recover the same once the assets have been transferred to the beneficiaries.

If for any reason you feel concern over the applicability of a Will or wish to challenge an estate, D’Angelo Legal would be more than happy to overview the circumstances with you and provide advice and representation if necessary.