Contesting a Will in NSW
There are many reason why people challenge a Will in NSW. Among the most common are:
– The Will is not signed or witnessed properly;
– There is a later Will;
– The Will has been tampered with;
– The Will does not leave adequate provision for a loved one;
– The Will maker lacked capacity to make a Will.
Left out of a Will?
Left out of a will? Your share is not adequate? Should you challenge the will? We are experts in contesting a will.
Unfortunately, family members not getting along is very common. Sometimes this means that a person who would have expected to be included in a will, is left out. On other occasions there is a beneficiary who would benefit from receiving more inheritance than what has been left to them, these types of claims are called Family Provision Claims.
The following people are eligible to make claim:
(1) the spouse of the deceased person at the time of the deceased person’s death;
(2) a de facto relationship at the time of the deceased person’s death;
(3) a child of the deceased person;
(4) a former spouse of the deceased person;
(5) a person who was, at any particular time, wholly or partly dependent on the deceased person and who is a grandchild of the deceased person or was, at that particular time or at any other time, a member of the household of which the deceased person was a member;
(6) a person with whom the deceased person was living in a close personal relationship at the time of the deceased person’s death.
Am I eligible to make a claim for Family Provision?
- the relationship between the applicant and the deceased person
- any obligations or responsibilities owed by the deceased person to the applicant
- the value and location of the deceased person’s estate
- the financial circumstances of the applicant, including their current and future financial needs
- whether the applicant is financially supported by another person
- whether the applicant has any physical, intellectual or mental disabilities
- the applicant’s age
- any contribution made by the applicant to increase the value of the estate
- whether the deceased person has already provided for the applicant during their lifetime or from the estate
- whether the deceased person provided maintenance, support or assistance to the applicant
- whether any other person is responsible to support the applicant
- the applicant’s character
- any applicable customary law if the deceased was Aboriginal or Torres Strait Islander
- any other claims on the estate
- any other matter the Judge may consider as relevant.
