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Welcome to Australian Funeral Directors, Peter J Jackson's information centre

• Who can dispute the will

Who can dispute my Will?

We've all heard of Wills being contested and of claims being made against them. This is another very good reason to appoint the Public Trustee as your executor rather than leaving your affairs in the hands of an inexperienced friend or relative. Any one of the following people may be entitled to claim under the Inheritance Act for greater provision out of your estate:Spouse; Children; Former spouse Grandchildren; Parents; De facto spouse If a claim is made, it is up to the court to decide whether the Will (or if there is no Will, the law relating to intestacy) has made adequate provision for the claimant.

If not, the court may order that provision be made out of the estate.If you are excluding any of these dependants from your Will it is important that you advise your executor. If he or she thinks it is inappropriate, a clause containing your reasons may be included in the Will. Alternatively, a signed statement may be placed with the Will.In the event of a claim, your views will be considered by the court when making its decision.

However, there is no guarantee that the court will not award part of the estate to the claimant. The court's powers in such cases are discretionary.If you appoint the Public Trustee as your executor, they will take a neutral role in the court proceedings and leave it to the court to make a decision. It is the usual practice of the court to join the beneficiaries as parties to the action. They are then given the opportunity to oppose the claim .Claims must be made within six months from the date upon which administration or probate is granted. In exceptional circumstances the court may accept an application outside the six months.

"Can I appoint someone to look after my children after I die?"

Yes; and the guardians you nominate assist the Trustee in the use of the funds you may have left for your children's needs.