Contesting A Will

How To Contest A Will In NSW

Contesting a will means someone is challenging the validity of the will in question. This often occurs when an individual feels they may be entitled to an inheritance from your estate, but they are either not listed in your will or are unsatisfied with the assets they’ve inherited. There is a lot of information to unpack when it comes to contesting a will in New South Wales, but the will dispute lawyers at Orman Solicitors are here to make it a little easier for you. Below is everything you need to know about contesting a will in New South Wales.

What Are Grounds For Contesting A Will?

Disputing a will occurs when a potential beneficiary has been left out of the will and believes it is invalid. There are several reasons a person might challenge a will. They include:

• Family maintenance. This is the most common ground for challenging a will. It occurs when a person who was close to the deceased believes they weren’t left enough and is seeking a more significant portion of the estate.
• Undue influence. This occurs when there is a belief there was undue influence over the deceased, and there is reason to believe the person who helped the will-maker draft their will may gain significantly from the estate.
• Fraud. Suppose you believe and can prove a beneficiary misled or made false statements to the will-maker resulting in them altering the will to the beneficiary’s benefit. In that case, you may have grounds for contesting the will.
• Forgery. You may contest a will if you believe the document to contain forged information and signatures.
• Lack of Testamentary capacity. You might feel when the will was made, the deceased lacked the mental and legal ability to draft and sign it. If this is the case, you might be able to challenge the will in court.

If you’re looking to challenge a will and wish to discuss your options, get in touch with Orman Solicitors.

How Is A Will Contested In New South Wales?

Will disputes can be settled out of court through the process of mediation. This is a more cost-effective and timely way to resolve your conflict. However, if your conflict can not be resolved and you move forward with legal proceedings, your case will be heard by a judge in the Supreme Court. In New South Wales, courts will follow a criteria to rule on a case. The judge will look at your case and make a determination on the following grounds:

• Is the will ‘grossly unfair’?
• Have you been left out when you should not have been?
• Were you fully or partially dependent on the will-maker before their passing?
• Were the will-maker’s intentions clear, and did they have the mental capacity to understand what they were doing when the will was created?

Before going forward with disputing a will, however, it’s important to seek legal counsel to discuss your options and determine the right course of action for you. The lawyers at Orman Solicitors are experts in will disputes and work closely with clients to ensure the best possible outcomes for you and your family. For premium legal advice and services, get in touch with our compassionate team today.

Who Can Contest A Will?

Under the Succession Act (2006), only eligible persons can contest a will in New South Wales. The act defines an eligible person as:

• A de facto partner of the deceased.
• A child (or adopted child) of the deceased.
• A spouse or former spouse of the deceased.
• A person who shared a close personal relationship with the deceased prior to their passing.
• A grandchild or other relatives.
• A person who was at one point a dependent of the deceased or someone who shared the same household.

A will does not have to be contested in full and can be challenged only in part in court. This means that even if you agree with the majority of the will but wish to dispute a single piece of it, the courts will allow you to do so. If you’re seeking a legal professional to handle your will disputes, reach out to the team at Orman Solicitors today.

When Can A Will Be Contested?

The timeframe in which you can contest a will varies from state to state, but in New South Wales, a person has 12 months from the date of the will-maker’s death to file a family provisions claim. In the event that a time of death is unknown, the courts will determine a reasonable date. Here at Orman Solicitors, we encourage our clients to lodge a claim sooner rather than later, however, if the limitation period has expired, but there is ‘sufficient cause’ to challenge the will, the 12 month period may be extended and proceedings allowed to go forward. If there’s a will you’d like to challenge, contact our office to discuss your options.

If You’re Looking For Family Lawyers In Sydney and Wagga Wagga, Contact The Team At Orman Solicitors

At Orman Solicitors, we’re committed to delivering the highest quality legal advice and services. We pride ourselves on providing reliable, trustworthy services, unmatched legal experience and compassion and empathy in everything we do. No matter what your circumstances, our team always has the best interests of our clients in mind, and we’ll strive to be an advocate for you and your rights. If you’re looking at contesting a will in Sydney or Wagga Wagga, contact the team at Orman Solicitors today.