When someone has a Will drawn up, they are one hundred per cent within their rights to have their estate distributed in any way they choose should they die. But in Australia, we have laws to protect those unfairly left with nothing or too little in a Will.
If you believe you have been left out of a loved one’s Will or unfairly provided for, you may be considering contesting the outcome in NSW, but you reasonably want to know how long it might take and how much it will cost you.
The first thing you need to know if you are considering a challenge is that you only have 12 months from the death of your loved one in which to contest the Will. And you also need to know the grounds upon which you are eligible to contest a Will in New South Wales.
Your claim will have to be supported by numerous reports and documents and will possibly require specialist DNA testing – but At PK Simpson, we pay for all documents
Which means you don’t have to pay any upfront fees (conditions apply)
What are the Grounds For Contesting a Will in NSW?
The death of someone you love can be one of the most difficult things you’ve ever faced in your life. If you are then to find out later on that you have not been named as a beneficiary in their WIll, it can be a second devastating blow.
Who is eligible to challenge a Will in NSW?
The groups generally found eligible to contest a will can include:
- A surviving spouse of the deceased person
- A child or adopted child of a deceased person
- A former divorced spouse of the deceased person
- Someone who was partly or wholly dependent on the deceased person
- Someone who was a member of the deceased person’s household
- Someone who was living as a de facto spouse of the deceased person
- Someone who was in a personal relationship with the deceased person.
If you are in any of these circumstances and feel entitled to more of the estate than you received then you may be eligible to make a Family Provisions claim in New South Wales.
You’re in safe hands with PK Simpson.
Seven out of 10 of our clients are referred by past or current people we have helped.
We have the brightest lawyers to make sure your claim has the best chances of success.
What are the Different Types of Claims on Wills?
You can make a Family Provision claim if there are certain circumstances such as a Will is valid but it does not provide enough for you or it is unfair. The Court can change a WIll or distribute the estate in a way that is fairer to you. So, your loved ones Will may be contested on grounds including:
- The Will is grossly unfair
- You and your family have financial needs
- You or your family were dependent fully or partially on the loved one(the Testator) who died
- The testator had no mental capacity when making the Will
The laws surrounding Will contestation can be extremely complicated so it’s important to work with a team of Will dispute lawyers at PK Simpson equipped with has industry-leading knowledge and expertise.
The Four Main Types of Claims in a Will Dispute
Breach of trust
If the executor of the deceased person’s WIll has failed in their role and you are a beneficiary you can ask the court to remove them.
Lack of capacity
If you were named as a beneficiary in an earlier version of a Will but were not included when a later version of the Will was made during a time when the Testator lacked capacity you may be eligible to challenge the last Will as invalid.
Family maintenance
The commonest type of claim is Family Provision or maintenance. This is where a person close to the loved one who has died believes they were unfairly treated or received less of the estate than what was expected. I(f this is you, you would be claiming a larger portion of the estate be granted to you.
Undue influence
If you believe or can prove the Testator was pressured into making or changing their Will you can claim undue influence. You will need to show that the deceased person was ‘unduly influenced’ by someone or more than one person to sign a Will that wasn’t what the Testator had truly wished. Undue influence is the most difficult claim to pursue.
How Much Does it Cost to Contest a Will in NSW?
Every Will contestation, no matter which state you live in is different. There are different reasons to contest the WIll, and different challenges to overcome, therefore, determining the cost of pursuing a claim in NSW is an extremely complex process and cannot be fathomed before the case is heard or at least before your lawyer knows the extent of unfairness perpetrated on you.
However, the average cost of contesting a Will in New South Wales would be from $5000 to $10,000 if the claim is settled out of Court. Should the challenge be taken to Court, the average cost can vary from $20,000 to $100,000. But it’s important to understand these are just guidelines and the exact cost for your contested wills case is likely to vary.
Challenging a Will can feel intimidating, but, with our experienced teams of Will dispute lawyers at PK Simpson working on your case you can rest assured and stop worrying. Call us today to find out about your options.