How to Contest a Will in NSW Successfully
If you have been left out of a will or if you feel that you have not received your proper inheritance, you may be able to contest the will in the Supreme Court of New South Wales.
How Do I Contest A Will?
The application to contest a will is by way of a Family Provision Claim and this is commenced under Chapter 3 of the Succession Act 2006 (NSW). If you live around the Penrith or Nepean Hawkesbury area or in the lower Blue Mountains in Glenbrook, Blaxland or surrounds we have experienced Estate Lawyers who can help you win your disputed and contested wills case.
How Can I Get A Copy Of The Will?
Our team are able to assist you to obtain a copy of the will provided that you fit into a category of eligible persons which is generally a beneficiary in most situations.
The categories are set out in Sections 54 of the Succession Act 2006 (NSW).
Is There A Time Limit To Apply?
Yes, there is a time limit of 12 months from the date of death if the person and the will is in New South Wales. In some circumstances, our team can help you apply for an extension but we recommend that you seek advice urgently.
What Are The Steps In Applying To Contest A Will?
These steps are just a summary and are not exhaustive but can assist you and guide you on the way:
- Obtain a copy of the Will from the Executor or Solicitor acting for the estate.
- Seek advice immediately to determine if you have a claim.
- Enter into discussions and negotiations with the estate and put them on notice that you are wanting to make a claim.
- Obtain a copy of the application for Probate and all Probate documents if you are able to obtain them to see if Probate has been granted.
If your negotiations and discussions aren’t successful with the Estate, then you need to:
- Formally notify the Executor of your intended claim.
- Make an application to the Supreme Court for Family Provision which includes filing a number of documents and notifying all eligible persons.
- You will then need to attend mediation, a mention and hearing as required to either reach a settlement or see a Judge to seek further assistance.
What Do I Do Next?
Our Estate team can meet you for a once off initial consultation to give you advice about your rights and entitlements. We charge a very small fee and a 50% discount for this one off consultation. Its important to seek this advice before embarking or spending any unnecessary legal fees.
Please contact Rafton Family Lawyers Estates Team to book in with our Estate Litigation lawyers about your contesting and disputing a will application so that you can seek advice that’s correct from the outset.
For more information see the Supreme Court of NSW website.
https://supremecourt.nsw.gov.au/wills-probate/contested-proceedings.html
Call us on (02) 8607 7184.