Posted February 26, 2019
Should you contest the Will?
Have you been unfairly left out of a Will? Do you think you deserve a bigger share of the Estate? We can assist you to determine whether or not you are eligible to contest the 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.
The State of NSW recognises that we have a moral obligation to provide for the people who are 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.
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 for provision against the State so you must act promptly.
Our expert Estate Lawyers at One Law will review your situation on a “no win no fee” basis to determine whether or not your claim has merit and whether we can assist you in lodging a Family Provision Claim against the Estate.
In reviewing your case we will look at:
- The size and value of the Estate
- Whether or not you were financially dependent on the deceased.
- Whether or not the claim is viable (costs versus outcome).
Contact one of our expert Estate Lawyers on 1800 ONE LAW (663 529) to discuss your situation confidentially.