Who can contest a Will in NSW?

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.

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.

Can you contest a Will if you were a parent, sibling, step-child or former defacto?

If you were a parent, sibling, step-child or former de-facto, you are not considered to be an eligible person unless you are eligible under the category where you lived with the deceased and were wholly or partly dependent on the deceased.

However, you should seek expert legal advice. There’s a chance you could be eligible to contest a Will.

On what grounds can you contest a Will in Australia?

There are 2 ways to contest a Will in NSW. You can submit a family provision claim or challenge that the Will is not valid.

In order to submit a family provision claim, you must be an eligible person who was left out of the Will or not adequately provided for.

A family provision claim must be filed with the court within 12 months of the date of death (where the deceased person died on or after 1 March 2009).

If you think the Will was invalid, you need to prove it. Grounds for an invalid Will include fraud, the testator (the person who made the Will) lacked mental capacity, the testator did not approve of the Will, undue influence or forgery.

It’s important to speak with an expert lawyer. They can advise if you’re eligible and if you have a viable claim.

Our law firm offers No Win No Fee and we have a 97% success rate.

How much does it cost to contest a Will in NSW?

If you sign a No Win No Fee agreement, you usually won’t pay out of pocket costs. Your lawyer will usually take their fees from the estate. But it’s very important to carefully read the No Win No Fee agreement. Hidden fees might apply. Please contact us to learn about our No Win No Fee agreement.

In NSW, the average cost to contest a will is about $5,000 to $10,000 if the matter stays out of court.

If the matter goes to court, the average cost to contest a will is about $20,000 – $100,000.

Most lawyers charge $300 to $850 per hour.

The average cost for a family provision claim in NSW that is finalised is about $30,000.

But, if you go to court, the cost can be more than $50,000.

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.

Keep in mind, that we offer No Win No Fee. This means you won’t pay anything. But please contact us for a chat. We will clearly advise if you’ll have any expenses to contest a Will.

Our law firm also has a very high success rate for contesting Wills.

You can apply for a free case assessment. Your lawyer will advise if you have a viable claim. This means you won’t pay anything to find out where you stand.

Do you have to go to court to contest a Will in NSW?

Will disputes are usually resolved through mediation or a settlement agreement. This prevents the matter from going to court. It reduces costs, resolves the matter faster and helps to preserve relationships. However, in some cases, contesting a Will in court can’t be avoided.

Is there a time limit for contesting a Will in NSW?

There is a time limit of 12 months from the date of death to submit an application with the Supreme Court of NSW if you want to contest a Will.

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.

Who can contest a Will in NSW? (Conclusion)

The Succession Act 2006 lists a number of people who are eligible to contest a Will in NSW. But it’s still important to speak with an expert lawyer. This is the best way to discover if you have can contest a WIll in NSW. Please apply for a FREE case assessment here. We have a very high success rate and we offer No Win No Fee.