“Contesting a Will” or “Challenging a Will” is a legal right we all have. People come to us for a variety of reasons which can include, when you believe you have been unfairly treated in the distribution of an inheritance, when you suspect that something fraudulent may have happened in the creation of the will, or to defend a will when being challenged by another party.
PK Simpson, inheritance and Wills lawyers –
Our team will make sure you’re looked after. With the brightest minds in law in NSW you’ll get a great outcome.
A will can be challenged for a number of reasons, the most common being that the Will is unfair due to the deceased inadequately leaving proper provisions (inheritance) to you.
Other reasons for contesting a will may include the following:
- In the making of the will, the Will’s true intentions were unclear;
- When the will excludes inheritance for those who the deceased had a ‘moral responsibility’ to provide for;
- That the deceased was not acting freely at the time of writing the Will;
- Where the deceased was under the influence or lacked capacity to write a valid Will;
- Where the deceased was a victim of fraud; and/or
- The Will of the deceased is fraudulent.
To Contest a Will in New South Wales, you must first ensure that you are able to prove the following:
- That the deceased was domiciled (living) in New South Wales at the time of their death;
- That the deceased has assets in New South Wales;
- That you are eligible to challenge the Will;
- That the deceased had a responsibility to make proper provision for you;
- That the deceased failed to make proper provision for you.
Whilst the loss of a loved one can be a difficult time, there are strict time limitations that apply.
Your application to challenge a Will must be made within 12 months of the date of death of the deceased. In some extenuating circumstances it is possible to challenge a will after the 12 month time limit has expired. It best to act quickly and talk to us as soon as possible. For extenuating circumstances please click here.
To find out if you are eligible to contest a will and to find out how strong your claim is; contact our office now.
Example: Sandra and Benjamin had been in a 7 year relationship when tragically Sandra passed away in a car accident. The couple had always spoken about updating their Wills but never got around to it. Sandra’s Will stated that all of her assets should be passed on to her parents should she pass away, however, Benjamin had relied on Sandra’s income to pay the bills and put their son through school. Benjamin contacted PK Simpson Lawyers to talk to a solicitor to find out what he could do to challenge the will.
Example: Tina, 19 tragically lost her father after a long battle with Cancer. His Will stated that she would inherit his favourite guitar, however the remaining of his assets would be left to his new wife. Tina had relied on her father to financially support her throughout university, he would pay her tuition fees, buy her dinner every Tuesday night, and he would always fill up her car with petrol so that she could get to her part-time job. Tina contacted PK Simpson Lawyers to find out that she was also eligible to challenge her fathers will as he had a ‘moral responsibility’ to support her and had left inadequate provisions to her.
At PK Simpson, more than 3/4 of our clients come to us through word of mouth.
We’ve helped clients make successful claims through DNA analysis matching.