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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 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 may bring a claim

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

If you want to contest a will in NSW, strict time limits apply under the Succession Act 2006 (NSW). An eligible person must file a family provision order within 12 months after the date of the death of the deceased person, unless the court otherwise orders on sufficient cause being shown or the parties (such

Only an ‘eligible person’ can contest a will in New South Wales (NSW). ‘Eligible person’ is defined in section 57 of the Succession Act 2006 (NSW) and includes a spouse, de facto partner, child, former spouse, a wholly or partly dependent grandchild or member of the deceased’s household, or those with whom the deceased person was living in

Contesting a will in NSW involves challenging how a deceased person’s estate is distributed. While people have the right to leave assets to anyone they choose, the law allows eligible individuals to seek a fair share through a family provision claim. Under the Succession Act 2006 (NSW), this process ensures dependants or close family members who

Guide to Contest a Will in NSW Discover your rights and options in contesting a will in NSW with our expert guide, detailing the legal provisions and processes for potentially altering a deceased’s will through a family provision order. Need help contesting a will? In New South Wales (NSW), a person can leave their assets

Taking the time upfront to prepare an effective, legally binding will helps ensure your hard-earned assets are distributed or taken care of in a way that you like. Carefully considered estate planning saves families stress and money following your passing—an already undoubtedly difficult time for them. Rather than remain uncertain that the will you have