What Do You Need to Know Before You Should Contest a Will Under Australian Laws?
What Do You Need to Know Before You Should Contest a Will Under Australian Laws?
Losing a loved one is an emotionally challenging time, and dealing with their estate can be a complex and overwhelming task. If you believe the deceased's will does not adequately provide for you or does not reflect their true wishes, you may be considering contesting the will. Before you take this step, it is essential to understand the legal grounds and processes involved in contesting a will under Australian laws.
At Sydun & Co, our Lawyers in Sydney are here to guide you through this complex area of law and provide the support you need.
There are several grounds on which a will can be contested in Australia. Some of these include:
Lack of testamentary capacity: If the deceased did not have the mental capacity to understand the nature and consequences of their will at the time it was made, the will may be considered invalid.
Undue influence: If the deceased was coerced or pressured into making the will, it might be contested on the grounds of undue influence.
Fraud or forgery: If there is evidence that the will was forged or created fraudulently, it may be considered invalid.
In the alternative, if the will is valid but does not make any provision or does not make adequate provision for a beneficiary, it may be possible to make a claim for provision against the Estate of the deceased. Any such claim for provision is made under the Succession Act 2006.
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Inadequate provision: If you are an eligible person, such as a spouse, child, or dependent of the deceased, and the will does not provide adequately for your needs, you may be able to contest the will on the grounds of inadequate provision provided you can establish the relevant need required by the Act.
Before deciding to contest a will or make a claim for provision it is crucial to seek expert legal advice to determine if you have a valid claim and understand the potential costs and consequences involved. Our team of Lawyers in Sydney at Sydun & Co has extensive experience in will dispute and can provide the guidance and support you need to navigate this complex area of law.
In addition to legal grounds, there are strict time limits for such actions, which vary depending on the state or territory. It is crucial to act promptly and consult with experienced Lawyers in Sydney to ensure you meet the necessary deadlines and follow the correct procedures.
Contesting a will or claiming provision can be a challenging and emotional process, but understanding the legal grounds and processes involved is the first step in ensuring your rights and interests are protected. At Sydun & Co, our Lawyers in Sydney are here to provide the expert advice and guidance you need to make an informed decision about contesting a will.
Want to know more? Why not contact our Sydney office at (02) 9283 2355?
Our team of experienced Lawyers in Sydney is ready to help you understand your rights and options when it comes to contesting a will or making a claim for provision under NSW laws.