Do You Need to Contest a Will?

Do you feel that the distribution of a recent will was unfair? If so, you need to speak to a lawyer that handles these types of cases. Doing so will make it easier for you to accept the terms and assert your rights in this regard.

Family Provision Claims

In New South Wales (NSW), eligible people can contest a will, which in turn will create a family provision claim. This often is instituted when a person feels that he or she did not receive adequate provision from a deceased’s estate.

Contesting a will lawyers can assist you by confirming your eligibility and reviewing the provision in the will. Usually this type of claim is made if the deceased lived in NSW when he or she died and owned assets in the same locale. It can also be made if the deceased lived somewhere else but owned property or assets in NSW. If you are unsure of which state to contest a will in, consult with a lawyer first. He or she can prove to be invaluable when you are going through this type of process.

If you wish to make a claim, it is imperative that you act without delay. Doing so is necessary as the estate may be transferred or sold, and the funds from the estate may be spent. If you wait to make a claim, you may not be able to make a claim as you will have nothing to make a claim on.

If you want to consult with a lawyer about making a claim, you should contact the lawyer by phone versus email. Make sure you let the lawyer know that you are committed to making a claim and that you feel you have been unfairly treated with respect to the estate’s distribution.

Determining Eligibility

You may be able to speak to legal counsel about the matter and have it settled out of court. If the people named in the will do not wish to settle, you will need to go to court. Anyone is eligible to contest a will if he or she was the deceased’s spouse at the time of the death, or if he or she was a person who lived in a de facto relationship with the deceased.

You can also make a claim if you were a former spouse or the deceased’s child. Claimants can also come forward if they were dependent in whole or in part at a certain time, or if they were the grandchild of the diseased or lived as a member in the deceased’s household.

If the deceased person died after 1 March 2009, a claim can be initiated within a year from the date of death. If you are not sure when the deceased died, the Court will usually determine a time or date of death it deems reasonable.

If you choose to make a claim after a year’s time, you will need to demonstrate to the Court that you have sufficient cause to make the claim. In this instance, the Court may issue an extension of time. If you can provide a good excuse or justification for filing late, you may be able to receive an extension.