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Challenging a Will in the NT

If you are thinking of challenging a will in the NT (Northern Territory), it may be possible to do so on one of a number of grounds. For example, you can claim that the will was not validly made because the legal requirements set out in the Wills Act  were not satisfied (eg the will-maker did not have testamentary capacity to make the will). You can also seek rectification orders from the Supreme Court if the will has an error or does not give effect to the will-maker’s intentions.

Alternatively, if you are related to the will-maker but not named in their will as a beneficiary, you may be able to apply to the Supreme Court for a family provision order under the Family Provision Act, in which case you will be entitled to a part of the will-maker’s estate.

Only certain people can apply for a family provision order.
Author

Michelle Makela

Michelle Makela is one of our Legal Practice Directors and the National Practice Manager. She holds a Bachelor of Laws, a Bachelor of Science (Psychology) and a Master’s in Criminology. Michelle has had a varied career, working in commercial litigation, criminal law, family law and estate planning. Michelle joined Go To Court Lawyers in 2011. She now supervises a team of over 80 solicitors across Australia.

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