Contest a Will? Find Out If You Can Make a Family Provision Claim
There are a number of good reasons for contesting a will if you feel that you’ve been treated unfairly or not adequately provided for in that document. Generally, you may have a case if you need to determine whether the situation is grossly unfair or if there are specific financial needs of family members. It may also be possible to successfully contest a will if there are financially dependent individuals or if there is some question about the mental capacity of the deceased when the will was made.
There are other general guidelines for this process, including unusual influence on the executor by someone that results in a document not reflecting the true wishes of the deceased. But there is a specific situation that may apply based on the question of fairness, the capacity of the deceased, and the financial dependency of certain individuals.
You may be able to proceed under the family provision claim in NSW. This legislation relates to and governs questions of fairness and probity in connection with the wishes of the deceased. This act, which also applies in Victoria and Queensland, is based on the moral obligation to provide for individuals who were dependent on the deceased. The law is meant to give these people adequate provision in the will so you may be able to show that you have not been adequately provided for when the estate is settled.
During the difficult period after the death of a loved one, most people don’t think about these matters. In fact, legal issues are sometimes not given the necessary attention until a critical timeframe has passed. When you consult with an experienced legal professional on this matter, you’ll find that these time limits begin on the date of death. This means that it’s essential for you to consult with a specialist as soon as possible about the family provision claim and related issues.
You may find it necessary to have an experienced individual guide you through what can be a legal conflict full of stress and emotional issues. He or she will do all that he or she can to seek justice for you if you feel that you’ve been dealt with unfairly in a will. It’s more than important to have advice from experts. It’s essential. Not only do they know and understand the law but they’ve worked with other valued clients in these cases and understand the issues that can develop around will disputes.
It’s also important to understand that NSW law recognises the standing of de facto or same-sex partners who can show that their situation falls under the guidelines. They are also in a position to contest a will that may be unfair.
When you make contact with one of the well-known, respected providers of legal assistance, you have access to an initial consultation without charge. If you decide to proceed, legal services are provided on a “no win, no fee” basis. You’ll have the support and advice of legal experts who won’t charge their legal fees unless your case is resolved in your favour.