Contesting a Will

Once a will is made and the maker of the will is deceased, the executor of the will needs to apply for probate.

Probate means that the will is recognised by the NSW Supreme Court, and is now a legal document. However a will does not become automatically validated by the courts. It needs to be approved by a member of the judiciary. If you are unhappy with the will of a deceased person, you may want to contest it. We have devised a series of quick questions that will help you understand if you have grounds to contest a will:

Is the will valid? 

Did the will maker have the mental capacity to make a will?

Was it executed in accordance with the formal requirements for a will to be valid?

Was the will altered after it was signed?

Was it the last will made by the deceased?

Was the maker of the will influenced by another person?

Did the person who assisted in the making of the will stand to gain from the will?

Was there any trickery, pressure or fear involved in the making of the will?

Are you entitled to a family provision order? 

Are you one of the following eligible people who can apply for a family provision order?

i.    the wife or husband or de facto of the deceased person at time of death

ii.    a former wife or husband of the deceased person

iii.    children of the deceased

iv.    grandchildren of the deceased

v.    a person who was at all dependant on the deceased.

vi.    a person who was living in a close personal relationship with the deceased

If you are an eligible person, the court needs to ensure that the maintenance, education and advancement in life is provided for by the deceased’s will.

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