Challenging a Will in Sydney: Your Legal Options

Contesting a will can be a difficult and emotional process, especially when it is done in the aftermath of a loved one’s passing. If you believe that a will is invalid, or if you have been unfairly left out of a will, you may be considering contesting the will to set it aside. Here is some important information to consider if you are thinking about contesting a will in Sydney.

When a loved one passes away, it can be difficult and emotional. Unfortunately, distributing their assets and settling their affairs can also be a source of conflict and disagreement. One way that people may choose to resolve these disputes is by contesting the will of the deceased. If you are considering contesting a will in Sydney, here are some things you should know.

What is a Will Contest?

A will contests a legal challenge to the validity of a will. There are a few different grounds on which a will may be contested, including:

• Lack of testamentary capacity: This means that the person who made the will (the testator) was not of sound mind when they wrote the will.
• Lack of due execution: They will be needed to be properly signed and witnessed according to the law.
• Fraud or undue influence: This means that the will was not the free and voluntary act of the testator but was instead the result of fraud or coercion by someone else.

Who Can Contest a Will?

To contest a will, you must have standing, which means that you have a legal interest in the case’s outcome. Generally, only certain people are eligible to contest a will, including:

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• Beneficiaries named in an earlier will: If you were named as a beneficiary in an earlier will be revoked or superseded by a later will, you may have standing to contest the later will.
• Beneficiaries of the estate: If you are a beneficiary under the will being contested, you may have standing to contest the will.
• Close family members: In some cases, immediate family members who were not named as beneficiaries in the will may be able to contest the will.

How Do You Contest a Will?

If you are considering contesting a will, it is essential to be aware that strict time limits are in place for challenging a will. In New South Wales, a claim to contest a will must be made within six months of the date of the grant of probate (the legal process of proving the validity of a will).

It is also important to note that the costs of contesting a will can be significant, and the court may order the unsuccessful party to pay the costs of the successful party. Therefore, it is essential to consider the risks and costs before contesting a will.

It is also worth noting that contesting a will is not the only option for resolving disputes over a deceased person’s estate. Alternative dispute resolution methods, such as mediation or arbitration, maybe a more cost-effective and less stressful way to resolve conflicts. A lawyer can advise you on your situation’s best course of action.

In conclusion, contesting a will is a complex and potentially expensive process. If you are considering how to contest a will in Sydney, it is essential to seek legal advice as soon as possible to understand your rights and the options available to you. A lawyer can help you navigate the legal process and represent you in court if necessary.