Specialising in family will disputes, with over 35 years practicing law, Clayton James Solicitors are a dedicated team whose goal is to protect you.
We assure our clients that with our help it is possible to quickly and effectively resolve any issue involving family will disputes.
FAQ’s – Will Disputes in New South Wales
1) Who can contest a will in New South Wales?
Firstly you will have to be an eligible person. Full details of these are set out in my Short Notes to Succession Claims.
2) How to contest a will in New South Wales?
To contest a will in NSW you have to bring proceedings in the Supreme Court of New South Wales and you would have a solicitor instructed to act on your behalf. Sometimes small estates matters can be resolved by letter.
3) How much to contest a will in New South Wales?
I act on a NO Win NO Pay basis. The costs depends on how much work is done in the matter. Most solicitors charge on an hourly basis and this varies from firm to firm. In my practice the fees are only paid at the end. Generally the costs come out of the estate. As there is a lot of work to be done I make a preliminary assessment of the case before taking it on. This assessment is FREE, as I do not wish to waste your money or time.
4) Reasons to contest a will?
The basic reason to contest a will is if the will is not fair in that the deceased did not fulfil their obligation to the Eligible Person be either not mentioning them in the will or giving them little or an unfair proportion of the estate.
5) How long after death can you contest a will?
In NSW, proceedings must be commenced within one year from the date of death. If time is running out, there is provision to make an urgent application provided the required information is given to the court for that first Court mention date. It is possible to bring out of time proceedings, however these are rare and depends on the circumstances.
6) Can a non-eligible person contest a will in New South Wales?
The New South Wales Succession Act is definite on this. If you cannot prove and come within the terms of being an eligible person, then you will not be successful in contesting the will in NSW.
7) Can a husband or wife contest their spouses will?
A husband and wife can contest each other’s will. The only bar to this is if they have separated and entered into a settlement agreement which denies them the rights to making a claim under the others will.
8) Can one person challenge the will for other beneficiaries mentioned in the will?
Generally a person can’t challenge for other beneficiaries, however if a person makes a claim under the will, the executors have to notify of any other beneficiaries or any other persons who may be eligible. Those persons after being notified can join in the proceedings and bring a claim. A child under 18 can contest a will through a adult acting ae their Next Friend. Also if someone is suffering from a disability they can bring proceedings through someone acting on their behalf.
I am happy to have you ring me and put these questions to me on a no obligation and no charge basis. It is easier to do this than incur costs unnecessarily.