How to Contest a Will in Penrith and Richmond: Your Guide to Disputing Inheritance

Disputing / Contesting A Will Penrith Richmond

If you have been left out of a will or feel that an estate has not made proper provision for you or that you did not receive any or correct inheritance, there is options available and you may be eligible to contest the will which is a claim which should be brought  in the Supreme Court of NSW.

The relevant Act is the Family Provision Claim which is brought under Chapter 3 of the Succession Act 2006 (NSW).  If you live in the Penrith or greater Penrith area including Glenmore Park or in the Richmond and Hawkesbury area as well as Parramatta, our experienced estate lawyers can help you to discuss and win your disputed will case.

1.  Who Is Able To Contest A Will Or Estate

In NSW you must be an eligible person which generally falls in several categories including a husband or wife of the deceased, a person who was living in a de facto relationship with the deceased person before they died, a child of the deceased including an adopted child, a former divorced husband or wife of the deceased as well as someone who was wholly or partly dependent on the deceased or a member of the deceased’s household or in a close personal relationship with the deceased which does not necessarily need to be a sexual relationship.

There are different categories and classes of persons and our specialist Penrith/Richmond estates lawyers can discuss these factors with you at your consultation.

2.  What Are The Grounds In Which I Can Contest A Will Or Estate In NSW

A Family Provision Claim which is also known as contesting an estate can be made on a number of grounds but the most frequent are:

• If they were dependent on the deceased such as financially dependent.
• If the will failed to make sufficient provision for example for ex partners or children, particularly from those of previous marriages or de facto relationships.
• If a share was granted to you in the will but this is not an adequate share for your maintenance and support.
• If the relationship between you and the deceased began after the will was made such as in circumstances where you and the deceased may have got married after their original will was drawn and prior to their death.
• If you believe the will is grossly unfair which can relate to a number of different areas.
• If the deceased was not of sound mind when the will was made such as through dementia or other mental incapacity.
• If it can be proven the deceased was unduly influenced particularly by other beneficiaries at the time the will was made.
• If there is ambiguities in the will or the will was not drafted properly or if there are a number of errors in the will, this can also lead to claims.

3.  Time Limits

It is important to note that these types of matters do take time to progress through the court system and there is a time limit of 12 months from the date of death of the deceased in which you are able to make a claim to the court.  In some circumstances, you can seek an extension of time but that requires a further application to the court and in some situations may be refused.

It is therefore imperative that you seek immediate action and contact our specialist estates team to discuss your claim and potential of success so that steps can be taken immediately.  Do not delay.

4. An Overview Of The Steps In Applying To The Supreme Court

These types of applications are generally legally complex but we can provide a very brief summary for you that can be discussed in more detail in relation to the process for making an application for family provision and contesting an estate in the Supreme Court of NSW.

• Obtain a copy of the will.  There are a number of ways you can do this even if you are not named as a beneficiary.
• Seek advice to determine if you do in fact have a claim and that you are an eligible person.
• We generally then enter into negotiations with the estate.  This is by contacting the executor directly or through the executor’s instructing solicitor.
• A copy of a Grant of Probate is then obtained.
• If negotiations are unsuccessful directly with the estate, we then
  • Formally notify the executor and administrator of the estate about your intention to make a claim
  • We prepare the necessary documents to the Supreme Court and this includes filing:
    • A summons
    • Supporting statement called an affidavit from you
    • We need to notify all other eligible persons. This would include the executor, other beneficiaries or potential beneficiaries of the estate
    • We need to provide an affidavit as to estimated costs
  • We then prepare any mentions, mediations and hearings and if a settlement is not reached after attendance at Court events, your matter would be listed for a hearing before a Judge in the Supreme Court of NSW to determine your application.

5.  How Do I Seek Assistance In My Contested Will And Estate Claim?

It is imperative that you seek advice from a specialist estates team and our solicitors are available to assist immediately by contacting us on (02) 8607 7184 or reception@rafton.com.au.  You can make an appointment directly on line using our online booking system www.rafton.com.au under the contested estate icon.

Give us a confidential call and we are happy to have a chat to discuss the next steps in your matter.  Our team is able to assist immediately.