Wills – Contesting

A will outlines who should receive your assets after your death.Many people believe this guarantees the exact distribution.

However, this is not always true.

In some situations, family members of the deceased or other eligible people are entitled to make a claim against an estate, even when there is a will. They may also dispute a will if provisions in the will are inadequate. Sometimes the court will make orders to distribute assets to those people who contested.

In New South Wales, a will or estate can be challenged or contested circumstances including: 

• family provisions claims – family members or eligible persons are entitled to make a claim against an estate in situations where the provisions of the will, or the statutory provisions when a person dies without a will (dies intestate) are inadequate or the person has been left out of the will
• testamentary capacity – beneficiaries can challenge or dispute a will when the person who made the will was not in a sound state of mind when the will was prepared
• undue influence or fraud – a beneficiary can challenge or dispute a will they can prove the person who made the will was unduly influenced by one or more of the other beneficiaries of the will, or if the will was a product of Fraud. This means the will can be challenged if the person who made it was coerced or tricked into signing it. 

Do you need to create a will?Do you want to contest an existing one?

Contact our specialist team today. We will take care of you.

Call (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast).

We offer an obligation-free consultation.