What is Mediation? Mediation is an alternative dispute resolution process, when opposing parties formally engage an independent, neutral mediator, who assists the parties to reach an agreement. The role of mediation is to promote a faster and more cost effective resolution. Mediation is a process that can take different forms including judicial settlement conferences, court-annexed

What Constitutes Suspicious Circumstances? Suspicious circumstances are circumstances surrounding the preparation or execution of a Will which give rise to suspicion. The suspicious circumstances can involve circumstances surrounding the preparation of the will and circumstances surrounding the execution of the Will. A will made under suspicious circumstances may be invalid and may be challenged on that

A will that is found to be the product of undue influence will be invalid. What constitutes undue influence depends on the circumstances, but is usually used to describe illegitimate coercion. The coercion does not require physical violence but does require the testator to be prevented from exercising a free will. Coercion differs from other

The time limit for challenging a will in NSW depends on the facts and circumstances of each case. Whilst there is no statutory limitation period for challenging a will as there is for contesting a will (also known as a family provision claim), it is important to seek legal advice as soon as possible to

The person named as executor in a deceased’s last valid will has the right to apply for probate and to administer the deceased’s estate. If the will establishes testamentary trusts and names a trustee (who may or may not also be the executor) then that person has the right to act as trustee of those

Wills created as a result of fraud: What it Means A will created under fraud is a Will that is the product of false or misleading facts or circumstances that mislead the will-maker (known as the ‘testator’). Where a court finds a Will to be the product of fraud or forgery, the court will refuse

To challenge a will means to take issue regarding the validity of will. The common grounds upon which a will may be challenged include undue influence, fraud, or where it has been prepared under suspicious circumstances.  The facts and circumstances of each case determine whether a last will and testament can be challenged and on

The Purpose of Family Provision Claims in Will Contesting Cases When making a will, a person has the choice to leave their estate to anyone they wish. This is known as ‘testamentary freedom’. A family provision claim is an application to the Supreme Court of New South Wales for a share (or a greater share)

A person’s eligibility to challenge a will depends on the grounds upon which the person is seeking to challenge the will and their relationship to the deceased. Potential claimants can include: A family member or close friend of the deceased whose will has not been properly executed. A family member or close friend of the

To challenge a will means to take issue with execution of the will, the will-maker’s cognitive health (referred to as ‘testamentary capacity’) at the time they made the will, or the circumstances surrounding the preparation of the will (i.e., suspicious circumstances, undue influence, fraud). In NSW, the cost of challenging a will depends on several

Can Grandchildren of The Deceased Contest a Will in NSW? In NSW, only an ‘eligible person’ can contest a will. The grandchild of a deceased person may be considered an ‘eligible person’ if they satisfy a court of the following: They were, at any particular time, wholly or partly dependent on the deceased person; and

To challenge a will means to take issue with the validity of the will. There are many grounds on which a person may challenge the validity of a will. Questions may arise in relation to the execution of the will itself or in relation to the circumstances surrounding the drafting or preparation of the will

A child may be disinherited for many reasons. It may occur where the child is independently wealthy, where the child is estranged from the parent, or where a child has been ‘passed over’ in favour of a grandchild. Regardless of the reasons, any child who receives less than what they were expecting or nothing at

A person who receives less than they were expecting in a will or nothing at all may feel as though the will is unfair. In NSW, they may be able to contest the will by bringing a ‘family provision claim’. Although family provision claims are not determined on fairness, a feeling of unfairness may indicate

A person in NSW is free to leave their estate to anyone they choose. This is referred to as “testamentary freedom.” This testamentary freedom is subject to the Court’s power to alter the terms of a deceased person’s will when a will is successfully contested through a family provision claim. An eligible person may bring

Contesting a will is a legal process whereby a person who believes they have been unfairly left out of a will, or has not received as large a share as they were expecting may bring a claim against the deceased’s estate. In NSW, contesting a will involves bringing a ‘family provision claim’ under the Succession

Recently, we wrote a blog about whether a spouse can contest a will in NSW. But what about those who are divorced or separated? Can a former spouse contest a will after the divorce? With up to 30% of marriages ending in divorce, getting legal advice on how to update your will post-divorce, or make

Contesting a will is a complex legal process that should only ever be undertaken with the advice of a specialist will dispute lawyer. There are a range of common myths about contesting a will that can lead to misunderstandings, delays, and potential legal problems. Remember, if you are considering contesting a will, you must make

Do you have a question or concern about your claim within a will, or a suspicion that a will was not prepared fairly? Notably, such issues fall into two distinct areas of will dispute law: challenging a will, and contesting a will. The differences between challenging a will and contesting a will under NSW law

While a will is being contested, the assets of an estate will usually be held and controlled by the executor until the will dispute has been resolved. For this reason, a person considering bringing a family provision claim via a will contest should put the executor on formal notice of their claim as soon as

Courts play an integral role when contesting a will. Although many wills disputes involving a contested will can be resolved through negotiations and/or mediation, sometimes the matter isn’t resolved in this phase, and it moves on to a court proceeding. Speaking with an experienced wills and estates lawyer is the first step in helping you