Home ⁄ Areas of Practice ⁄ Wills and Estates ⁄ Preparing a properly drafted will ⁄ Can someone challenge my will?
If your spouse or children (biological or adopted) feel as though they have not been fairly provided for under your will, they may challenge the terms of your will by starting legal proceedings after you pass away. The court is then asked to decide whether you had any legal or moral obligation to leave a gift to that spouse or child in your will. The court will consider a range of evidence in reaching its decision, including a review of the will and any materials referred to in the will. To minimize the chances of your will being varied after you pass away, your reasoning for leaving a child out of your will or providing them with less than they think they should have received can be included in the will.