Ardent Lawyers || Solicitors and Lawyers in Nowra, Shoalhaven
We're Different.

Articles

Read more about our firm and various topics across multiple areas of law.

1-1.jpg

Articles

 

Can You Contest a Will?

Have you been unfairly left out of a Will? Do you think you deserve a bigger share of the Estate? Do you have reasons to contest a Will? We can assist you to determine whether or not you are eligible to contest a Will.

Whilst the law usually protects a person’s right to make a Will however they choose, sometimes their decision (which may have been made many years before their death) ultimately results in an unfair outcome for those who were a dependant of the Will maker.

The State of NSW recognises that we have a moral obligation to provide for the people who are eligible persons under the law and/or were dependent on us financially when we die.

will.jpg

Reasons why a Will may be contested include:

  • Whether a Will is grossly unfair.
  • Whether the person left out of the Will has financial needs.
  • Whether there are dependents which relied on the deceased financially.
  • Whether circumstances regarding the relationship with the deceased changed after making the Will.
  • Whether the deceased had mental capacity to make the Will.
  • Whether the deceased was unduly influenced to make the Will.
  • There is no valid Will.

How to Contest a Will

In contesting a Will, we are governed by the legislation set out in the Succession Act 2006 (NSW). There are time limits in making a claim so you must act promptly.

Ardent Lawyers will review your situation to determine whether or not your claim has merit and whether we can assist you in making a Family Provision Order from the Estate.

In reviewing your case we will look at:

  • The size and value of the Estate
  • Whether or not you are an eligible person.
  • Whether or not the claim is viable (costs versus outcome).

There is no specific time line to determine how long it will take to contest a Will and obtain an outcome but usually the process is completed within 1-2 years depending on the complexity of the claim.

Contact our law firm on (02) 4444 6808 or contact@ardentlawyers.com.au to discuss your situation confidentially.

Mary-Jean LewisComment