frequently asked questions

Q: Who can challenge my Will?

In Tasmania, legislation called the Testator’s Family Maintenance Act 1912 (“the Act”) applies to ensure that dependents are appropriately provided for under a person’s Will. A dependent under this Act can be a spouse, a child, and in some circumstances a former spouse entitled to maintenance.

If a person entitled to make a claim feels that your Will has not made ‘adequate provision’ for their ‘proper maintenance and support’ they have the ability to bring a claim against your estate. What is deemed to be adequate varies in individual circumstances, and it is vitally important to discuss the varying claims on your estate with your solicitor during the course of making your Will.

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frequently asked questions

Q: Who can challenge my Will?