CONTESTING A WILL 

In NSW, you can contest a Will by making a family provision claim. This is usually done when a family member has been left out of a will or feels they have been inadequately provided for.

 

Contesting a Will in NSW involves making a Family Provision Claim under the Succession Act 2006 (NSW Consolidated Acts).

 

The court will consider a number of matters including but not limited to the claimants financial position, their relationship with the deceased, the size of the estate, any contributions made by the claimant to the deceased’s estate, and the deceased’s relationship with other persons who are eligible to make a claim. As every case will be unique, the outcome of any claim will be at the discretion of the court.

 

Keep in mind that time limits apply to Family Provision Claims (currently 12 months from the date of death), though there are some exceptions in certain cases.

 

If you are unsure whether you have grounds to contest a Will, contact our team for a chat.