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Can a Will be Contested?

A sensitive but important topic

Sometimes a person feels they've been left out of a Will unfairly, or that a family member's Will doesn't reflect what they expected. In New South Wales, there are legal avenues to challenge a Will in certain circumstances.

The main type of claim

The most common is a family provision claim. This is where someone who was, or should have been, provided for asks the court to adjust the estate in their favour, because they weren't given enough, or anything, to support themselves.

Who can make a claim

Generally, this includes spouses, children, former spouses in some cases, and people who were financially dependent on the deceased. There are time limits for making a claim, so it's important to act promptly if you believe you have grounds.

It's not simply about disagreement

Feeling unhappy with a Will isn't, on its own, a reason a court will act. The court looks at factors like financial need, the size of the estate, and the nature of the relationship. Each case is assessed on its own facts.

For those making a Will

Understanding how contests work can also help you write a stronger Will in the first place. Clear reasoning, and sometimes a short written explanation of your wishes, can reduce the chance of disputes later.

We can help either way

Whether you're considering a claim, or you want to make sure your own Will is less likely to be challenged, we can talk you through your options.

This information is general in nature and does not constitute legal advice. For advice specific to your circumstances, contact us today.