Contesting a Will
At Drinkwater Criminal and Family Lawyers, we understand that being unfairly left out of a will or having concerns about its validity can be distressing. Serving clients in Forster, Taree, Newcastle and surrounding areas, our experienced legal team is dedicated to advising and representing individuals who wish to contest a will in New South Wales.
Understanding Will Contests in New South Wales
Contesting a will involves legally challenging its terms or validity. In New South Wales, this can be pursued through:
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Family Provision Claims: If you believe you have been inadequately provided for in a will, you may be eligible to make a family provision claim under the Succession Act 2006 (NSW).
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Challenging the Validity of the Will: This involves disputing the legitimacy of the will based on factors such as lack of testamentary capacity, undue influence, fraud, or failure to meet legal formalities.
Family Provision Claims
A family provision claim is an application to the Supreme Court of NSW for a share or a larger portion of a deceased person's estate. To make such a claim, you must be an 'eligible person' and demonstrate that the provision made for you in the will is inadequate for your proper maintenance, education, or advancement in life.
Eligible Persons Include:
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The spouse or de facto partner of the deceased.
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A former spouse of the deceased.
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A grandchild or a person who was, at any time, wholly or partly dependent on the deceased and a member of the same household.
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A person with whom the deceased was living in a close personal relationship at the time of death.
Grounds for Challenging the Validity of a Will
You may challenge a will's validity on several grounds:
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Lack of Testamentary Capacity: Asserting that the deceased did not have the mental capacity to make a valid will at the time of its creation.
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Undue Influence: Claiming that the deceased was pressured or coerced into making the will.
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Fraud or Forgery: Alleging that the will was procured by fraud or that the deceased's signature was forged.
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Failure to Meet Legal Formalities: Arguing that the will does not comply with the formal requirements set out in the Succession Act 2006 (NSW).
Time Limits for Contesting a Will
In New South Wales, a family provision claim must be filed within 12 months of the deceased's date of death. Extensions may be granted in certain circumstances, but it is crucial to seek legal advice promptly to ensure compliance with this timeframe.
How Drinkwater Lawyers Can Assist
Our legal team offers comprehensive support in contesting wills, including:
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Case Evaluation: Assessing your eligibility and the merits of your claim.
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Gathering Evidence: Collecting necessary documentation to support your case.
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Negotiation and Mediation: Engaging in alternative dispute resolution methods to reach a settlement without court intervention.
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Court Representation: Advocating on your behalf in the Supreme Court of NSW if litigation becomes necessary.
Why Choose Drinkwater Lawyers
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Local Expertise: With a strong presence in Forster, Taree, Newcastle, and surrounding regions, we have an in-depth understanding of local legal landscapes.
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Personalized Service: We provide tailored advice and representation, recognizing the unique circumstances of each client.
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Commitment to Excellence: Our team is dedicated to achieving the best possible outcomes while minimizing stress and uncertainty.
Contact Us
If you believe you have been unfairly left out of a will or have concerns about its validity, contact Drinkwater Criminal and Family Lawyers today to schedule a confidential consultation. Let us guide you through the process of contesting a will with professionalism and care, ensuring your rights and interests are protected.
