Contesting a Will

Contesting a Will

A Will is a legal document which embodies the testamentary intentions of a deceased person. A Will identifies those persons/organisations/charities whom they wish to benefit from their Estate and in what proportion. On occasion however, a family member, a dependant or other closely related person may be excluded from the Will. The Succession Act empowers the Court to make provision for a person who has been excluded or otherwise not left an adequate provision in the Will.

ARE YOU ELIGIBLE TO CONTEST A WILL?

The Succession Act defines who is an eligible person. It includes:

  • The wife or husband of the Deceased at the time of their death
  • A person with whom the Deceased was living in a de facto relationship the time of their death.
  • A child of the Deceased or a child for whom the Deceased had parental responsibility for.
  • A former spouse
  • A person who was dependent upon the Deceased or a grandchild of the Deceased who was at the time of death or any other time a member of the household of the Deceased.
  • A person living in a close and personal relationship with the Deceased at the time of their death.

HOW LONG DO YOU HAVE TO CONTEST A WILL?

A person has one year from the date of death to bring a Family Provision Claim, otherwise they would be considered out of time and would thereafter require the leave of the Court to bring an application.

DID YOU RECEIVE ALL YOU WERE ENTITLED TO IN YOUR WILL?

Once eligibility has been established the Court will consider whether adequate provision has been made for that person. In addressing this enquiry the Court considers a number of factors such as the nature and duration of that person’s relationship with the Deceased, that person’s means and needs, any financial or non-financial domestic or caring contributions made by that person, the size of the Estate, the obligations of the Deceased towards that party or beneficiaries, the age of that party, the character and conduct of that party before and after the death of the Deceased and any other matters considered relevant by the court.

ARE YOU ENTITLED TO A PROVISION EVEN THOUGH YOU ARE NOT IN THE WILL?

If the Court’s enquiry is answered affirmatively to the enquiries referred to above the Court will then consider what provision should be made for the that person.

WHY SHOULD BRYDENS LAWYERS ASSIST YOU CONTESTING A WILL?

Brydens Lawyers are the experts in respect to contesting a Will. Brydens Lawyers will provide comprehensive advice and guide you through the process for the best possible outcome in the most cost-effective manner.

Book a free legal consultation now

Start your claim now

Meet the team that will represent you

No win no fee*

conditions apply

Languages

KEEP UP TO DATE WITH NEWS & EVENTS


Newsletter Subscription

Form Description

LATEST NEWS FROM LEE


You have heard me speak often about the disgrace that is the Motor Accident Injuries Act introduced by the NSW Liberal Government on 1 December 2017 and how persons injured in motor vehicle accidents are now denied proper compensation for their injuries.

CONTACT US ONLINE


NEW_CONTACT US ABOUT YOUR CASE

 

CONTACT US TODAY


LIVERPOOL HEAD OFFICE

Lvl 2, 203 Northumberland Street,
Liverpool NSW 2170

OFFICES BY APPOINTMENT ONLY


 

Adamstown            Erina                 Parramatta
Albury                     Goulburn          Redfern
Bankstown             Leichhardt        Sydney City
Blacktown              Miranda            Tamworth
Campbelltown       Newcastle         Wagga Wagga
Chatswood             Nowra               Wollongong
Dubbo                     Orange

 

 

Trading Hours