Contest a Will – Frequently Asked Questions
As Wills and Estate Lawyers, we are asked a lot of questions by our outstanding clients. The answers to our most common questions are provided below.
1. Can I contest a Will in New South Wales?
You can contest a Will if you are one of the following Eligible persons
- Wife or husband (including a former wife or husband).
- De facto partner
- Child
- A person who was dependent on the deceased person.
- Grandchild
- Member of the deceased’s household.
- A person who was living in a close personal relationship with the deceased.
2. How do I Contest a Will in New South Wales?
You need to file a claim in the Supreme Court of New South Wales. You should have a solicitor do this for you.
3. How long do I have to Contest a Will in New South Wales?
You must file in the Supreme Court of New South Wales must be made within 12 months. You should act promptly to prevent any risk of the estate being distributed before you make a claim. It is possible to make an application more than 12 months after the deceased’s death, however, you must prove to the Court what the delay was and why the Court should let you make the claim out of time.
4. How much does it cost to Contest a Will in New South Wales?
We act on a NO Win NO Fee basis. The cost depends on how much work is required to be done for your claim. We charge at an hourly rate and will provide estimates of the amount of fees during your case. Our initial assessment is FREE.
5. Who pays the Costs of Contesting a Will in New South Wales?
Generally, both parties legal fees are paid out of the money in the Estate.
6. What is a reason to Contest a Will in New South Wales?
There are three main reasons to Contest a Will.
The first reason is when the Will maker was not of sound mind, memory and understanding when they made the Will. You can challenge the Will if the Will maker:
- Did not understand the effect of making the Will.
- Did not understand the property being gifted.
- Did not understand the beneficiaries he ought to give consideration to.
The second reason is when the Will maker did not leave you adequate provision under the Will. You can Contest the Will if the Will maker:
- Did not provide you with any portion of the Estate.
- Did not provide you with an adequate portion of the Estate in comparison to other beneficiaries.
- Did not provide you with an adequate portion of the Estate to meet your needs.
The third reason is if you believe the Will is Fraudulent or a Forgery, or you can prove someone threatened the Will maker to make the Will.
7. Does BTC Lawyers act on behalf of executors in defending an estate?
Yes, we can assist you in defending a Will contest.
8. Can I Contest a Will if I received something small from the Will?
You can Contest a Will if what you received from the Will was not adequate. You can Contest the Will to receive a larger amount from the Will.
9. Definitions of Common Words
- Beneficiary – A person who receives something from a Will.
- Executor – A person appointed by the deceased person in their Will.
- Estate – All the money, property and valuables which the deceased owned.
- Intestate or Intestacy – A deceased person is intestate if they die without a will.
- Issue – Another word for child.
- Probate – Is the process of proving and registering in the Supreme Court the last Will of a deceased person.
- Family Provision Claim – A claim made to the Supreme Court of New South Wales for a share or a larger share of the estate of a deceased person.
- Testator – A person who made a Will.
