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.
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
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.