Who Can Apply to Vary a Will?

Under the Will Variation Act, the individuals eligible to contest a Will are the testator’s spouse together with the biological children and adopted children. A stepchild is not eligible.

You do not have to be married to the testator to be eligible. If you are a common-law spouse or a same-sex partner, you may be eligible if you had been cohabitating with the testator for at least two years in a marriage like relationship.

Even if you are not eligible to apply for a variation under the Will Variation Act, there are other options to contest the Will such as a claim for unjust enrichment or constructive trust. Also, the validity of the Will can be challenged.

For more details on the common-law spouse issue, together with other options to contest a Will, please see the other articles on this website.