Skip to main content

Featured

Valid grounds to contest a will

Sometimes when an individual pass away and leaves a will, controversy arises over whether the will should be contested or not. Family members may find themselves being standing against each other if the will is disputed. While no one wants to be in such a position of contesting a will NSW, sometimes there are valid reasons to do that. If you believe that a will is invalid for one or the other reason, and you are a potential beneficiary, then it may be in your best interest to contest the will. Will Dispute Lawyers can always guide in this regard.  Who can contest a will? Before submitting a reason for contesting a will NSW, it is important to know whether you are even eligible for it. In order to be eligible, you must have some stake in the outcome of the will. Perhaps, you are a beneficiary but feel that you should have been given a higher share, or you may feel left out of the will completely but believe you entitled to be included or would have been included under inheritance la
Post a Comment
Read more
Labels

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. 

Time limits

There are certain time limits when it comes to challenging a will. The best course is to seek assistance as soon as possible after the will has died, to avoid any time-related complication. 
Labels:
Location: Sydney NSW, Australia

Comments

Post a Comment

Popular Posts