What is the success rate of contesting a Will in Australia?
A report conducted in 2015 by The University of Queensland found that 74% of cases challenged in court, and 87% of those that went before a mediator, resulted in the Will being changed.
The success rate of contesting a Will depends on many factors and if you’re an ‘eligible person’. So it’s important to consult an expert Wills and Estate Planning Lawyer. Our success rate for disputing a Will is 97%. We also offer No Win No Fee for contested Wills. Please contact us for a free consultation.
Is it worth contesting a Will?
This is a difficult question. You’ll need to consider many factors (e.g. financial gain, time, relationships, family, etc). We respectfully suggest you speak with us for advice.
Who can contest a Will in NSW?
The following people are usually eligible to contest a Will in NSW:
- Spouse
- Defacto
- Child
- Former spouse
- A person who was wholly or partly dependent on the deceased person and was a grandchild or a member of the household.
- A person who was living in a close personal relationship with the deceased.
Did you know?
If you are a parent, sibling, step-child or former de-facto spouse, you are not considered to be an eligible person unless you are eligible under the category where you lived with the deceased and were dependent on the deceased.
The Succession Act 2006
According to the Succession Act 2006 s57, the following people may apply to the Court for a family provision order in respect of the estate of a deceased person:
- a person who was the spouse of the deceased person at the time of the deceased person’s death,
- a person with whom the deceased person was living in a de facto relationship at the time of the deceased person’s death,
- a child of the deceased person,
- a former spouse of the deceased person,
- a person:
- who was, at any particular time, wholly or partly dependent on the deceased person, and
- who is a grandchild of the deceased person or was, at that particular time or at any other time, a member of the household of which the deceased person was a member,
- a person with whom the deceased person was living in a close personal relationship at the time of the deceased person’s death.
Important:
You should seek legal advice regardless if you’re an “eligible person” or not. It’s possible you could have a claim. Please apply for a FREE case assessment here. That’s the best way of learning more about who can contest a Will in NSW.
Contest a Will time limit NSW
Sometimes the date of death is uncertain. In these cases, the court may determine a date or time of death that is judged to be reasonable.
If you submit your application after 12 months, you will need to show that you have sufficient cause to file a late application.
If the last day of the 12 month limit falls on a non-business day, you can also seek an extension until the first business day.
How long does it take to contest a Will?
If the case is not settled out of court, a final hearing will usually take place between 1 and 2 years after the application is filed. For simple cases the hearing can take place much sooner, while more complex cases require further time for all parties to prepare their case, meaning that a hearing may not be set until much later.
Giving a time estimate on how long it takes to contest a Will is difficult as each case varies considerably. But you should generally plan for at least 6 to 12 months.
Our lawyers are experts in settling cases efficiently. Please call for an obligation-free chat.
Learn more:
Can you contest a Will No Win No Fee?
Need help?
We have a success rate of around 97% for contesting Wills.
This is what we do.
In fact, Graeme Heckenberg has been contesting Wills for over 25 years.
You can speak with Graeme free of charge.
