‘Should I have contested my partner’s will after his kids got everything?’

Feb 07, 2021
Even though the ship has now sailed, one reader wants to know if she should have contested her partner's will when he passed away. Source: Getty.

Q: My former partner passed away almost four years ago and I received a quarter of his superannuation. I didn’t contest his will, in which he left the rest of his super to his children. I gave them all his furniture and the two cars. They also got all his holiday pay and sick pay. Should I have contested the will even though I was told not to go ahead with it? We were together for 17 years. Thanks.

A: There is probably not a lot to gain from a ‘shoulda’ or ‘coulda’ analysis. Generally, however, to ease your curiosity, from the information you have provided, you could have challenged his will, but there are time limits on doing so, which have long past.

It doesn’t help either, that you gave away things to the children, nor that you received some of his superannuation. In the end, however, just because you could have challenged doesn’t mean you should have. It all depends on the size of the estate and whether it is worth the while spending money to do so. Perhaps it is best to put it down to experience.

If you have a question for Starts at 60’s money experts, email it to [email protected].

IMPORTANT LEGAL INFO This article is of a general nature and FYI only, because it doesn’t take into account your financial or legal situation, objectives or needs. That means it’s not financial product or legal advice and shouldn’t be relied upon as if it is. Before making a financial or legal decision, you should work out if the info is appropriate for your situation and get independent, licensed financial services or legal advice.

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Would you have contested the will in these circumstances?

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