Contesting a Will in New South Wales generally means that a person is making a claim a family provision claim against an estate. The claim is usually by a family member or other close person to the deceased who has been left out of the Will or has been inadequately provided for in the WIll.
Contesting a will can be a complex and emotional process, and it is important to have experienced legal representation on your side. Our experienced will dispute lawyers have a deep understanding of the laws for contesting a will and challenging a will.
In New South Wales, a person can contest a Will if:
The person who are eligible to make a family provision claim are set out in section 57 of the Succession Act 2006 (NSW). These people are:
There are time limits for contesting a Will in New South Wales.
For any deceased who died after 1 March 2009, a family provision claim must be made within 12 months for the date of death. If the date of death is uncertain, the Court will usually determine a date that is reasonable in the circumstances.
You can with the permission of the Court make a family provision claim outside of the 12 month time limit. You need to show the Court that you have a sufficient cause as to why your application is late. If you are out of time to make a claim, contact our team for advice on whether you are still able to make a claim outside of time.
If you are an eligible person, you will need to prove to the Court that you have been left with inadequate and improper provision under the Will or from the estate.
In New South Wales, the Court will take into account various and diverse matters in determining whether to make a family provision order.
Under section 60(2) of the Succession Act 2006, the Court may consider:
Contesting a will and making a family provision claim is a complex legal process that requires a thorough understanding of estate law and the ability to present a compelling case. Engaging the services of an experienced estate litigation lawyer is crucial to ensure that the challenging party’s interests are protected and that the case is handled with sensitivity and professionalism during what is often an emotionally challenging time.
Contesting a will is a legally intricate and emotionally charged process that should not be undertaken lightly. It is essential to have valid grounds for challenging and to seek professional legal advice from an experienced estate lawyer to navigate through the complexities of the legal system and safeguard the rights and interests of all parties involved.
At Stephen Wawn & Associates, we understand the importance of ensuring that a deceased person’s assets and property are distributed according to their wishes. If you are considering contesting a will, contact us today to schedule a consultation with one of our experienced will challenge lawyers.