Contesting a Will in NSW
The law does require that certain people be properly provided for in a Will, and we are experts in helping people get what they are entitled to. If your enquiry relates to contesting a Will, challenging a Will or defending a Will, we can assist you.
Many Wills are not legally binding. A court can make orders to redistribute the Estate to pay money where people have been unreasonably left out, or are named in a Will but not properly provided for given the circumstances.
What sorts of people may be able to make a contested Will claim?
- If you were married to the person who made the Will, or you were their partner.
- If you are a child of the person who made the Will (or an adopted child).
- If you are the ex-wife or ex-husband of the person who made the Will.
- If you are a grandchild of the person who made the Will and were wholly or partially dependent upon them. For example, you lived with the deceased or the deceased supported you financially.
- If you lived with the person who made the Will at some time and you were dependent upon them to some extent (this commonly includes step children or foster children).
- You could be eligible to make a claim even if there is no Will.
If you are not sure about whether you are able to make a claim, simply contact us and we’ll be able to determine if you are eligible to do so.
What are the time limits when contesting a Will?
You only have a limited time from the date of death of the Will-maker (usually 12 months) to put in a claim.
What are the legal fees involved when contesting a Will?
Often the legal fees of challenging a Will are paid out of the estate of the person who has passed away.
We can help you with other situations including:
- Challenging the validity of a Will (Challenging a Will).
- Defending a Will that has been contested or challenged (Defending a Will).
- Was the Will properly signed and witnessed? (Will Disputes).
- Is the wording of the Will confusing?
- Was the Will-maker of sound mind at the time they made or changed their Will?
- Was there any forgery or fraud involved?
- Are you the Executor (or Beneficiary) of a Will being challenged and need to know your rights and obligations? (Rights of a Beneficiary).
- Is the Executor properly distributing the Estate? (Executor Duties).
- Is Probate of the Will required? (Probate).
- Did the deceased die without leaving a Will? (No Will).
- How to obtain a copy of the Will.