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All you need to know about contesting a will
A Will refers to a document, which gives instruction regarding how a person’s possessions should be distributed, once the will-maker is dead. The will ensures that all the possessions will be distributed in accordance with their wishes. Although this may seem to be an easy way of preventing disputes, sadly this is not always the case. Challenging a will is a common sight nowadays, which mostly happens when the beneficiaries feel that the terms are not favourable to them and this is where they take the assistance of contest will lawyers NSW.
Legal grounds for challenging a will
Prior to challenging a will, there are many other factors that
need to be considered in order to ensure that challenging a will is feasible.
One of these is if there is a contradiction as to the wording and meaning of
the will. If there is uncertainty in the wording of the will, an application
can be made to have the court decide what the deceased person really meant at
the time of writing the will.
If it can be shown that the terms of the will were unfair, the
court may change the will or the distribution of the estate in an appropriate
manner. This is probably the most common challenge, and it is advisable to take
the help of contest will lawyers NSW in such cases.
Less common grounds for challenging a will include proving that
the deceased was under undue influence at the time of writing the will or it
can be proved in the court that the deceased did not have the legal capacity to
make a will. Both of these claims are a little difficult to prove as they need to
be backed by factual as well as medical evidence. Just because a person is old
or suffering some mental issues is not enough to prove that the will could not
be validly made. Contest Will Lawyers NSW specialise in this particular area of
law and can always help.
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