Blog

A will created through fraud can be challenged in NSW if it was made using false information or deceit that misled the will-maker. Fraud in wills may involve forged signatures, false statements, or manipulation by someone seeking financial gain. If a court finds that a will resulted from fraud, it will refuse to grant probate,

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

Making a family provision claim in NSW allows an eligible person to seek a fair share of a deceased person’s estate under the Succession Act 2006 (NSW). This claim can be made when a will fails to provide adequate support for a person’s proper maintenance, education, or advancement in life. The process involves strict time

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

The cost of challenging a will in NSW varies depending on the case and how it is resolved. Factors such as the complexity of the dispute, the evidence required, and whether the matter settles early or proceeds to court all affect the total cost. Challenging a will usually involves legal fees, expert reports, and court

Can Grandchildren of The Deceased Contest a Will in NSW? In NSW, grandchildren can contest a will if they are considered an ‘eligible person’, which in certain circumstances under the Succession Act 2006 (NSW). To qualify, A grandchild must show they were wholly or partly dependent on the deceased And that there are valid reasons—known as

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

In NSW, a child of the deceased can contest a will if they believe they were unfairly left out or received too little from the estate. Under the Succession Act 2006 (NSW), a child is considered an eligible person and can make a family provision claim for financial support. Although a child may be disinherited

If you believe a will is unfair because you were left out or received less than expected, you may be able to contest the will under the Succession Act 2006 (NSW). This is done through a ‘family provision claim’, which allows eligible persons to seek a fair share of the estate. While fairness alone is

A family provision claim in NSW allows an eligible person to seek a fair share of a deceased person’s estate if they were left out of the will or received too little.  A person in NSW is free to leave their estate to anyone they choose. This is referred to as “testamentary freedom.” This testamentary

A spouse or a de facto partner may have a claim to contest a will in NSW if they have been left out of a will, or have received a share of an estate that they believe is inadequate. Contesting a will is a legal process whereby a person who believes they have been unfairly

A separated or divorced spouse may be able to contest a will in NSW under certain conditions. A former spouse of the deceased is an eligible person under section 57(1)(d) of the Succession Act 2006 (NSW) if they can satisfy a court that there are ‘factors warranting the making of an application.’ Examples of factors

Many people misunderstand what’s involved in contesting a will in NSW. Some believe any family member can challenge a will or that the process is quick and straightforward. In reality, 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

The executor’s responsibilities include: The differences between challenging a will and contesting a will under NSW law are integral in deciding how and why to engage a will dispute lawyer in Sydney. Contesting a will means a person takes issue with how much (or how little) they receive within a will. In NSW, a person

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

When a will is contested in NSW, the court oversees the process to ensure fairness and compliance with the Succession Act 2006 (NSW). 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

A person contesting a will or defending a will can gather the evidence needed to contest a will from various sources and in various forms. The overarching objective when gathering evidence is to identify, obtain and/or collate evidence that advances your case. An experienced wills and estate lawyer will be able to advise you on

Mediation in family law is a structured process that helps parties resolve disputes without going to court. It involves an independent mediator who guides discussions to help both sides reach a fair and practical agreement. In NSW, mediation is commonly used in will disputes and family provision claims, allowing families to settle conflicts quickly and

Real-life examples of wills that have been contested in NSW, including both successful and unsuccessful cases of contesting a will, highlight just how complex and emotional inheritance disputes can be. From long marriages to estranged relationships, second spouses to adult children, these cases show how different factors can affect the outcome of a family provision claim.

On What Grounds Can You Challenge a Will in NSW The facts and circumstances of a case will determine whether a will can be challenged and on what grounds.  Examples of where a person may be able to challenge a will include where the will has not been executed in accordance with the formal requirements

If you have been left out of a will in NSW, you may still have legal options. In any case, we recommend that you obtain legal advice as soon as possible after becoming aware that you have been left out of a will in NSW or received less than you expected. You may know why

Defending a contested will in NSW requires clear understanding, careful preparation, and timely action. It is the executor’s role to defend a will against a claim, regardless of whether the claim is well founded or frivolous. A person may challenge a will on grounds including undue influence, suspicious circumstances, or a lack of testamentary capacity,

Stopping someone from contesting a will in NSW can be challenging, but there are practical steps an executor or beneficiary can take to protect the estate. A person can contest a will by making a family provision claim if they believe they were not adequately provided for under the Succession Act 2006 (NSW). While some

The cost of contesting a will depends on several factors, including your legal representative’s fee schedule and fee structure, the size and complexity of the estate, and the timing of the resolution. When contesting a will in NSW, particularly contesting a will Australia-wide, each of these factors can influence the overall cost and outcome.  The