Challenging A Will in NSW
Can You Challenge a Will in NSW?
Understanding Will Challenges in NSW
At Wilding & Co Lawyers, we specialise in two main types of will challenges: issues around the testamentary capacity of the deceased and Family Provision claims under the Succession Act 2006.
Testamentary Capacity Challenges
A will may be contested if there are doubts about the deceased's mental capacity at the time of making the will, or if the will was made under duress. This is particularly relevant in cases where a will was created shortly before death, especially under circumstances such as dementia or coercion.
Family Provision Challenges
More commonly, will challenges in NSW fall under 'Family Provision' claims. This involves several criteria that must be met for a successful challenge. Being an 'eligible person' is the first step, but it does not guarantee success. There are additional considerations a court will assess before making a provision order.
Eligible Persons under the Succession Act 2006
The Succession Act outlines seven categories of individuals who may be eligible to contest a will in NSW:
Husband or Wife
Ex-Husband or Ex-Wife
De Facto Partner
Child
Dependent Grandchild
Member of the Household
Person in a Close Personal Relationship
Start Your No-Obligation Online Assessment
Wilding & Co Lawyers offers a straightforward, no-obligation online assessment to determine your eligibility and prospects in challenging a will. This service is provided by our experienced lawyers in the contested estates division, ensuring you receive expert legal advice at no initial cost.
