to main content to contact page

Information Regarding Inheritance Law

Disclaimer: This content has been prepared by third party lawyers, not by ARAG nor by the Insurer. It is intended to provide a general guide to the subject matter and is not intended to constitute legal advice, and you should not rely on this information as a substitute for obtaining your own legal advice. If any of the below issues apply to you, then you should obtain legal advice about your specific circumstances. ARAG and the Insurer disclaim any liability for damages howsoever arising out of or in connection with the use and/or reference to any of this content.

Published on 01.07.2020.

My loved one has passed away. I am listed as a beneficiary in their will. If the will is not dated, will it still be valid?

There is no requirement that a valid will must bear a date. The will, providing that it satisfies other necessary preconditions, will be considered valid and you will remain a beneficiary.

Can I challenge a will if I am unhappy with it?

Yes, you can. In NSW, for example, you must lodge a claim in court within 12 months of the death. In rare circumstances, you may be able to contest the will out of this time period.

There are various reasons why people challenge wills. You may feel that the will is unfair or inequitable. If you are a dependent of the deceased, and you feel that the will does not cover your needs, this may be another basis.

Courts usually seek to avoid interfering with a deceased person’s will. However, in these circumstances, they may adjust it.

I feel that my parent was not in the right mental state when they created their will. Do I have a right to contest it?

If the deceased did not have the capacity to produce their will, it might be invalid. If you have concerns, you should contact a legal expert to explore avenues to contest the will in court.

Please be aware that if the will contains a ‘no contest’ clause, a failed attempt to challenge it may result in you receiving nothing.

What happens if someone does not make a will?

This means that they will leave an intestacy. Their assets will be distributed according to the intestacy laws of their state, and they may not have the ability to direct their assets to any specific person.

This depends on several factors, such as whether the person has a partner, children or other living relatives.

ARAG Services Australia Pty Ltd (ABN 14 627 823 198) (ARAG) has been granted delegated authority by the Insurer to enter into, vary or cancel Policies and handle Claims on their behalf. In providing these services, ARAG acts on behalf of the Insurer and not as Your agent. ARAG is authorised to provide financial services in accordance with its Australian Financial Services Licence (AFS Licence number 513547). Any advice provided by ARAG in relation to this product is general in nature and does not take into account Your individual circumstances.
The Insurer is detailed in your policy documents.

All enquiries should be addressed to ARAG.

Any advice contained on this website is general advice only and has been prepared without considering your individual objectives, financial situation or needs. Before purchasing or renewing a product we recommend that you consider if it is suitable for your circumstances and read the policy terms and conditions.