Contesting a will nsw

How long does it take to contest a will in NSW? What does the Supreme Court of NSW interpret? Will GMP contesting a will? Can I contest a will without an attorney?

Previously, the executor could refuse to provide a copy of the will and it could only be obtained from the registry after Probate was granted. People who may be eligible to see the will before Probate is granted include: 1.

Who is eligible to inherit if there is no will in the Procedure on death if there is no willchapter) 6. See full list on legal. To determine whether a will is vali a court will have to answer the following questions: 1. Is it the last will made by the deceased? Was it executed in accordance with the formal requirements of the Act or does it satisfy the requirements of the Act?

Did the will-maker have the testamentary capacity to make the will? Capacity to make a will in the Willschapter) 4. Was the will altered after it was originally signed?

Was there any undue influence involved when the will was drawn up? If a person who has assisted the will-maker to draw up a will also stands to gain a great deal from it, that person may have to prove to the court that there was no trickery, pressure, force or fear involved in the making of the will. Flattery and persuasion by someone who stands to gain from a will are not necessarily unlawful.

The court will only overturn a will on the grounds of undue influence where it is satisfied the will-maker’s mind was coerced to such an extent that the resulting will was contrary to the will-maker’s real intentions. The courts may be especially suspicious about undue influence if there has been obvious persuasion by the person who drew up the will, especially where that person would benefit from it. It may be difficult to prove undue influence has been used unless there were witnesses present when it happened.

A person claiming that undue influence was involved must prove the fact with full details and supporting evidence. It is not a claim that should be. The Supreme Court of NSW interprets wills made or contested in NSW. The executor, or a party interested in the estate, may apply to the court to have it determine what the will-maker meant by the will. For example, a woman with two grandsons called George may have left something to ‘my grandson George’.

Which one did she mean? The common law power of a court to remedy a mistake in a will is severely limite in contrast to the remedies available for matters involving living people. However, the ‘rectification’ power under section of the Act does give the court the power to rectify a will if the way it is expressed fails to carry out the will-maker’s intentions. Section 32 allows limited evidence to be admitted (including evidence of the will-maker’s intentions) in a court hearing to have the true construction of a will determined if the language used in the will makes any part meaningless or ambiguous. The provisions now form Chapter of the Succession Acttitled ‘Family Provision’.

Although some of the terminology has change the rationale of the provisions remains the same, which is to ensure that adequate provision is made for certain defined eligible persons, whether or not there was a will and whether or not the eligible person was mentioned. A will is usually contested or challenged in NSW on two primary grounds.

The first is that the will of the deceased is not legally valid and therefore should not stand. The second is when someone feels they have been unfairly omitted from a loved one’s will. In these cases, a family provision claim will apply.

While our team does specialise in contesting Wills , we are also highly experienced in defending Wills. We understand both sides of the law in respect to contesting and defending Wills and have an unbeaten track record in delivering favourable outcomes to clients in both areas. Get Expert Legal Advice Do you feel like you’ve been left out in the cold? Existence or non-existence of a relationship with the deceased is not the deciding factor in contesting a will in NSW of a deceased.

You must prove to the Court, that given the size of the estate, the competing claims on the estate and your financial and medical situation, the Court should determine that provision be made for you from the estate. There are four legal reasons for a will contest in most states, and it can be very difficult to prove any one of them. Questions A nsw ered Every Seconds. Instant Downloa Mail Paper Copy or Hard Copy Delivery, Start and Order Now!

In contesting a will, you are making what is known as a ‘Family Provision Claim’. In New South Wales there is a time limit for contesting a will. To contest a will in NSW you have to bring proceedings in the Supreme Court of New South Wales and you would have a solicitor instructed to act on your behalf.

Sometimes small estates matters can be resolved by letter.