Will Challenge v Making a Claim Against an Estate
Challenging a Will and making a claim on an Estate are two separate legal principles which
often cross each other’s paths.
If you are an eligible person under the Succession Act 2006 (NSW) and have been left out of
a Will or you have not been left with adequate provision from the deceased person’s Estate,
you would seek legal advice to make a family provision claim.
Where you believe that the deceased’s Will was made under suspicious circumstances (they
were threatened or coerced) or they lacked the capacity to understand the extent of their
Estate and possess the knowledge and approval of the contents of their last Will, a Will
challenge is the appropriate avenue.
Challenging a Will may revive a previous Will or leave an Estate intestate if there is no
previous Will. Where a previous Will or intestacy does not leave adequate provision for a
person who is eligible at law to make a claim, a family provision claim may follow after a
Will challenge.
We offer a free 10 minute telephone consultation to determine if you may have a case in
either or both of these circumstances.
