Everything That You Should Know Before Contesting a Will

Everything That You Should Know Before Contesting a Will

There are different laws about the process of contesting a will which often depend on your area. In most cases a will is binding and individuals have the right to leave their assets to whomever they wish. There are certain situations however, in which this can be contested. Here are some important facts that you should know about the process of contesting a will.

Who Is Eligible?

If you are looking into contesting a will in NSW, there are laws you should know about. This action is allowed if you follow a certain set of criteria that make you eligible. Although the general law acknowledges that any individual has the right to create a will dispersing their assets as they please, there are reasons why this can be deemed unfair. Often certain family members are the ones who are allowed to contest the actions of a will, within reason. Below is a list of the persons who are eligible to contest.

  • A spouse of the deceased who was married to the individual when they passed, this includes life partners.
  • A child of the deceased or a child of the deceased individual’s
  • A former spouse or life partner of the deceased.
  • An individual who was fully dependent on the person who passed.
  • A grandchild of the deceased.
  • An individual who fits into any of these categories can be eligible and should consult a lawyer if they want to seek further information.


Reasons to Contest

Ensuring that you are an eligible individual does not guarantee you have the right to contest. You need to be capable of providing evidence that warrants the court to change the last will and testament of the deceased. You need to prove it is the moral obligation of the court to supply you with benefits from the deceased, based on your relationship with them.

If the situation is grossly unfair and leaves out a valued member of the family, it can be deemed wrong that this person goes without benefits. If there are members of the family who have severe financial needs they can provide this evidence to the court as well.

If someone was partially or fully dependent on the deceased, they have the right to contest the will. The fact that someone was dependent on the deceased shows they are being treated morally wrong by being left out of the final will.

If the deceased was not in a right state of mind to make decisions during the time of drafting the will, it can often be contested. If there is evidence to support the individual did not make their choices under a fully aware state, that often means this must be looked into further.

It can also be contested if the sole beneficiary of the will showed signs of force or manipulation towards the deceased. Proving this can be challenging but it is definitely within eligibility.

Reasons to Hire a Lawyer

Once you have done enough research to discover you are eligible, it is important to hire a lawyer to assist you. Legal advice is important in order to move forward with the process and gain full understanding of the laws.

Categories: Lawyer Guide

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