Contesting Wills & Estates in Newcastle
GET WHAT YOU DESERVE
Are you planning on contesting a will but don’t know where to start? Bale Boshev Lawyers in Newcastle is here to help. We can provide you with the legal support and knowledge you need to help increase your chances of successfully claiming your share of the estate.
Our wills and estate lawyers, Joshua Hay and Scott Bryant, can provide a free consultation and case assessment. We will listen to your situation and determine whether you are eligible and justified to contest the will.
ELIGIBLE PERSONS
In NSW, only an ‘eligible person’ is able to contest the will of the deceased. These can include the deceased’s spouse, de facto partner, children, former partners, a person who was dependent on the deceased, a member of the same household or anyone who had a close personal relationship with the deceased. Any challenge to the will must be submitted to court within 12 months from the date of the deceased’s death.
It is also highly recommended that you submit any contest to the will before probate is granted. The grant of probate is submitted by the executor of the will, whereby the Court will determine whether the will is valid.
If you believe:
- The will is not the last will of the deceased
- The deceased did not have soundness of mind, memory & understanding to make a will
- The deceased lacked knowledge & approval of the will
- The will was forged, made under undue pressure or is a fraud
- The will is not executed in accordance with the Succession Act 2006
- The deceased had revoked the will in their lifetime
What To Do If You Are Eligible
If any of the above circumstances were true, the Court would deem the will to be invalid, and the estate would be divided by the Court as they see fit. You can also contest a will and make a family provision claim if you believe:
- The will is grossly unfair
- There are eligible person/s who require financial assistance
- There are dependents who are partially or fully dependent on the deceased but were not adequately provided for
Family Provision Claims
A family provision claim is an application to the Supreme Court of NSW for a share or a larger share from the estate of a deceased person. You are able to make a family provision claim if you are an ‘eligible person’, and have either been left out of the will or you did not receive what you thought you were entitled to receive. It is not necessary to obtain a grant of probate or a letter of administration before applying for a family provision claim.
The Court will assess your situation and your relationship with the deceased and look at whether the deceased owed any obligation to you. This will include examining how dependent you were on the deceased, and the impact on your finances, health, and education needs if you were provided with a larger share of the estate.
Contesting the will is a complex and emotional legal process. During these times, you need legal support you can trust. Bale Boshev Lawyers treats every client with respect and care. You can count on us to make sure your voice is heard. We will try our hardest to resolve the issue and achieve the best possible resolution for you.
Contact us today to speak to one of our Newcastle-based lawyers.
FAQ
If you feel the will has left you out as a beneficiary or you have been inadequately provided for, you can choose to contest a will. In NSW, you have 12 months from the date of death of the deceased to lodge a claim in court.
The law considers all ‘eligible persons’ are able to contest a will. This includes the deceased’s spouse, de facto partner, children, former spouse, other dependents including grandchildren and any person who was in a close personal relationship with the deceased. Your lawyer will be able to assess your situation and determine whether you will be considered as an eligible person.
The Court will consider a range of factors to determine whether your challenge is justified. They will look at your relationship with the deceased, your financial situation, whether the deceased owed any obligation to you and more.
A family provision claim is an application submitted to the Supreme Court of NSW for a share or a larger share from the estate of a deceased person. You can apply for a family provision order if you feel you are an ‘eligible person’ to the deceased and have been left out of the will, or did not receive what you thought you were entitled to.
You are entitled to inspect or be provided with a copy of the will if you are a person named or referred to in the will: a beneficiary, relative, creditor and more. Always talk to a lawyer if you face any troubles in regards to the execution of a will.