15 May 2025

The Vicca Law Podcast

Season 2 Ep 13 Challenging a Will vs. Contesting a Will - the basics

This episode of The Vicca Law Podcast explores the key differences between challenging and contesting a will—two distinct legal actions that often arise in estate disputes. Challenging a will typically involves questioning its validity, most commonly on the basis of lack of testamentary capacity or undue influence. In contrast, contesting a will refers to a family provision claim, where an eligible person seeks a greater share of the estate on the grounds of inadequate provision. The episode outlines how courts assess capacity, the challenges of proving undue influence, the statutory timeframes for lodging a family provision application, and the practical implications for executors and beneficiaries. It also highlights the importance of proper estate planning to reduce the risk of future disputes. Listen to the full episode to gain a clearer understanding of these complex legal issues.

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