If you have been left out of a Will or not fairly or adequately provided for, you may be entitled to monetary provision from the Deceased’s Estate. Despite the terms of a Will, a Court may make Orders to redistribute the assets of a Deceased Estate to include people who have been left out or not adequately provided for in the Will.
The following people may contest a Will and make a claim for provision from an Estate despite the terms of the Will:
A person who can establish that they fall into one or more of the above classes is described by the relevant law as an ‘eligible person‘ and may have cause to consider contesting a Will. Our Will Dispute Lawyers in Newcastle will resolutely guard and pursue your legal rights to protect, and even increase, your entitlement to an Estate.
In many cases, Contested Wills Claims are resolved without the need for extensive, or any, Court proceedings. Contact the Will Dispute Team at Delaney Roberts Family Lawyers to speak to an experienced Will Dispute Solicitor who will pursue your interests without delay.
A person must make a claim within 12 months of the date of death (where the date of death is after 1 March 2009). If this time limit has passed, the person must seek the Court’s permission to make a claim.
If you’re considering challenging a will in Newcastle or greater NSW it is advisable to seek legal assistance from a Will Dispute lawyer sooner rather than later.
The purpose of this Guide is to provide a brief overview of the considerations and solutions relevant to our Advanced Estate Planning service.
Find out what Estate Planning solutions are relevant to you and your family.
