When there’s been a death in a family, the grief is exacerbated for any family members or friends if they have been left out of the deceased person’s Will. If this has happened to you, it may be possible for you to contest the Will or apply to the NSW Supreme Court for a Family Provision Order.
If a person dies and there is no Will, a Family Provision claim may be made in NSW if you are not satisfied with the statutory intestacy provisions. Your claim will be assessed for eligibility and whether you have been adequately provided for, but before you make any claims, talk to a Wills professional at PK Simpson lawyers in Sydney today.
For over 38 years, the PK Simpson firm of expert lawyers have been helping people of NSW who have been left out of Wills to get the provision they deserve.
Successful Cases of Contesting a Will
PK Simpson lawyers have helped many NSW clients win cases where they have not been named as a beneficiary and have contested a Will. While it may be an emotionally taxing experience, a successful outcome is worth it. With PK Simpson, you can rest assured that the deceased’s person’s estate has been settled for all concerned fairly and reasonably.
For a successful outcome when contesting a Will in NSW, you will need the expertise of lawyers such as PK Simpson who are well versed in such matters. We will help you put together all the evidence and documentation needed to support your action. Our lawyers will steer you confidently throughout the claim disputation process as an advocate and help you to remain focused.
We prepare your case, negotiate, mediate and help you if matters need to be settled in court. As your advocate, PK Simpson lawyers will make sure you receive the best outcome possible in your Will dispute.
PK Simpson lawyers have the skills and experience to make sure you are successful in contesting a Will no matter what your claim may be.
What Are The Grounds For Challenging A Will
Wills can be challenged in NSW not only by the beneficiaries but by anyone who has had a past or present relationship or an interest with the deceased person. This is why it is important to not only have a solicitor draw up a Will but help anyone to deal with any challenges.
The law on challenging Wills Is different from state to state in Australia, but there are similar grounds for disputation across the nation. The most common reason Wills are disputed are similar in all states, and these are generally to do with a belief that the Will has been tampered with. Other reasons include no proper provision made for loved ones, an uncharacteristic Will or a mental issue.
Other grounds for challenging contesting a Will include that the deceased person did not have the testamentary capacity to make the Will, that the Will was a forgery or fraud, or made under duress, coercion or trickery of some kind.
How Long Does It Take To Contest A Will
Contesting a Will can take as long as 12 months to two years to go to court and there is a strict time limit of 12 months in NSW in which a family provision claim must be lodged from the time of death. However, if there’s any uncertainty about when the person died, the decision is left up to the court to determine a reasonable date or time of death.
An out of time application can be made if the applicant can show sufficient cause for the delay. The court can grant extensions of time if the person making the claim can show they had a good reason for the late application, or why it took them so long to challenge the Will.
If a Will fails to reflect the distribution of the estate or assets that were expected after a person’s death, there could be several complicated reasons. The expert lawyers at PK Simpson are ready to help you navigate the dispute process for a successful outcome.
At PK Simpson, we are a NSW law firm that charges on a No Win – No Fee basis – but unlike some of our competitors, we don’t simply choose the cases we’re likely to win – we represent anyone who has a viable contested Will claim, regardless of how large or small.
Challenging A Will After Probate Granted
- An invalid Will
- The deceased was unduly influenced or had no capacity to make a Will.
- .An earlier or later Will should apply
- The Will is a forgery
- An executor/trustee has been removed
Concerning a Will’s validity, certain regulatory provisions apply. E.g., it will be deemed invalid if there is any ambiguous language used in the Will if the Will was altered after signature; if it is not the most recently made, or was not executed according to legislative requirements.
PK Simpson lawyers are the leading legal experts when it comes to contesting Wills and dealing with Will disputes in NSW. Our service is backed up by a ‘No Win No Fee’ guarantee, meaning you don’t have to pay anything until you get the successful legal outcome you deserve.