The death of a family member or friend is a very overwhelming and difficult time. In what is already a tough time, division of assets stated in the deceased's Will can make things even harder. In NSW, everyone has the right to contest a Will if you believe you are entitled to more of the deceased estate then stated.
If you believe that you have not been fairly treated or left out of a Will completely then you may have grounds to contest the Will. LHD Lawyers can help you contest a Will. Our team of Estate Law experts can help you receive the share of assets you deserve.
What is a Will?
A Will is a legally binding document that determines and outlines your final wishes in the event of your death. This document states how you would like your estate and assets to be distributed once you pass.
Can I contest a Will?
Yes, you can contest a Will as long as you are deemed eligible.
Who is eligible to contest a Will?
- The marital partner of the deceased at the time of death.
- The de facto partner of the deceased at the time of death.
- Any children of the deceased; this includes stepchildren and adopted children.
- A grandchild who lived with the deceased or who was dependent upon the deceased at any time.
- Any person living in a close personal relationship with the deceased. This refers to a relationship between two adults living together and providing support and personal care.
- A former husband or wife of the deceased.
Under what circumstances can I contest a Will?
You can contest a Will if:
- The deceased was your parent.
- The deceased was your guardian
- You were dependant on the deceased and they did not provide ongoing support and maintenance.
- The deceased was pressured into making a Will.
- The deceased was not mentally able to make a Will.
- The Will is invalid.
- Do time limits apply?
Yes, in New South Wales there are strict time limits in place when contesting a Will. The time limit is twelve months from the date of death. For this reason, it is always advised to seek legal advice as soon as possible.
At LHD we can help you to make sure all time limits are met to give you the best chance of receiving the compensation you deserve.
What is an Executor?
An Executor is a person appointed to the deceased person's Will and oversees the Estate Administration. In the instance where the Executor is unable, unwilling or if there is no Executor then a Public Trustee will fill this position.
In most cases, the Executor will gather any assets of the deceased and pay off any debt. The remaining is then distributed amongst the beneficiaries of the Will.
What happens if I am the Executor of a Will being contested?
If you are the Executor of a Will being challenged then contact LHD Lawyers as soon as possible. We will be able to advise your rights and obligations while providing you with solid information you can trust.
Steps to Contest a Will
When contesting a Will there is a process that must be followed to ensure you have a solid case to contest. Below is an example of how the process works.
1. Seek Legal Help
Before you can contest a Will, you need to seek legal help. Never try and contest a Will without a trained legal professional. LHD Lawyers are always available to help you with any Estate Law questions or situations that you may have.
2. Check Eligibility
In order to make a claim for family provision you need to be eligible. To do this your lawyer will need to look into the history of you and the deceased to make sure you do definitely have rights to claim compensation.
3. Check Time Limits
As mentioned above, strict time limits apply when contesting a Will. Upon your initial consultation your our team will ensure you still fall within the time limits permitted to make a claim.
4. Determine Size of Estate
The LHD legal team will work with you to determine the size of the deceased's estate. This will determine if you will need to compete with other beneficiaries and whether your claim will be likely to succeed.
5. To Court
Once your legal advisor is happy that you have a solid case the matter will be taken to Court. The lawyer will work with you throughout the whole Court process to ensure you get the result you want.
Why choose LHD Lawyers?
At LHD Lawyers our Estate Law team are always available to help you through this difficult time. We will stay with you every step of the way to ensure you get the result you deserve.
Our expert team have helped thousands of everyday Australian’s contest a Will, constantly being thorough to ensure your claim is valid. We negotiate to win you the best outcome while minimising stress.
Backed by our No Win No Fee Policy
Our team understand that contesting a Will can add unnecessary financial burden, that is why we stand by our No Win No Fee policy. This policy aims to help everyday Australians obtain legal assistance to challenge a Will without having to worry about legal costs. The No Win No Fee policy means you only need to pay our legal fees if we are successful in winning your claim.
At LHD Lawyers we are confident in our abilities to win your case and see you awarded the entitlements you deserve. If you believe you have been treated unfairly or left out of a Will, contact LHD Lawyers today for a consultation.