Will Challenges & Family Provision
Will Challenges & Family Provision
Are you able to make a claim on an Estate?
The Succession Act 2006 (NSW) sets out a criteria of eligible persons who can make a claim on the estate if they have not been adequately provided for. Eligibility is strictly defined by the Act, and whether you have received adequate provision will depend on your unique personal circumstances. Assessing this involves a detailed and often complex legal process. We encourage you to contact us for a complimentary initial 10 minute discussion by phone to determine your eligibility. Should you be eligible, we will request you schedule a more comprehensive appointment to explore your circumstances in more detail and receive preliminary legal advice tailored to your situation.
Can you Challenge a Will?
A Will can be challenged if the Will-Maker (the person who made the Will) lacked testamentary capacity at the time of making the Will, was coerced into making the Will, or did not have full knowledge and approval of its contents. If any of these circumstances apply, you may have grounds to apply to the Court to have the Will declared invalid. If you possess evidence, or can easily obtain evidence to support a claim that a Will is invalid after a person has died, it is important to act quickly. We recommend making an appointment with us as soon as possible to discuss the urgent filing of a caveat on the Estate. Lodging a caveat will temporarily prevent the Probate Registry from granting probate to an executor or letters of administration to an administrator until your case has been heard.