Harry and his sister had always got on well, and when Harry’s mother died he was

disappointed to see that his mother left everything to his sister, Mary. He wanted to contest

the Will but Mary said that she would compensate him in her Will, if she was to die first.

Mary died after some years and he found that she left him nothing.

He realises that without a Contract he has nothing enforceable against Mary’s estate. He

could not prove that he had given up his rights to claim against his mother’s estate because of

Mary’s promise, and he had not changed his position in the expectation that Mary was to

leave anything to him.

In the State in which he lives a brother cannot make a claim against a sister’s estate by

contesting the Will and he cannot challenge her Will.

—

Comments by Terry Johansson, Specialist Wills and Estates Lawyer, CWPL

This problem illustrates that in order to contest a Will a person needs to be qualified to bring the

claim: in all States of Australia in order to contest a Will you need to fit into a category of

claimants. Brothers and sisters usually cannot claim unless they were dependent upon the

deceased.

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