How To Challenge A Will In NSW
How to challenge a Will in NSW, requires expertise from a qualified Wills lawyer. There are important facts and information that you need to know and below the Sydney Wills Lawyer outlines what you need to consider!
Challenging a Will – Is there a time limit?
Yes, there is a time limit to Challenge a Will in NSW. Under the Succession Act a Challenge to a Will (called a Family Provision Claim) you need to make an application to the Court within 12 months after the date of death of the deceased.
However, it is possible to Challenge a Will outside this 12 month time period, if you can provide the Court with sufficient reasons for why the time limit should be extended.
If you have missed the time limit you need to speak to an expert Wills and Disputes Lawyer as soon as possible to protect your ability to Challenge a Will.
Who can Challenge a Will in NSW?
The Succession Act sets out the classes of people who are able to Challenge a Will and this includes:
- A person who was married to the deceased at the time of their death;
- A de facto partner of the deceased at the time of their death;
- A child of the deceased;
- A former spouse of the deceased;
- A person who was, at any particular time, wholly or partly dependent on the deceased and who is a grandchild of the deceased or was at any time a member of the deceased’s household; and
- A person who was living in a close personal relationship with the deceased at the time of their death. A close personal relationship is defined to be between two adult persons, whether or related, who are living together, one or each of whom provides the other with domestic support and personal care.
If you are unsure whether you are an eligible person, you need to seek expert advice and guidance on how to Challenge a Will. Graeme Heckenberg and his team will ensure that you meet the correct criteria to Challenge a Will in New South Wales, he has been practicing for over 20 years as a Wills and Estates specialist.
What happens if you want to challenge a Will but don’t live in NSW?
You can Challenge a Will in NSW regardless of where you actually live. You just need to make sure that the legal advice you receive is from a lawyer, that is familiar and has an innate understanding of the law on Challenging a Will in NSW.
If you need advice on Challenging a Will in NSW, you need to seek legal advice from an Expert Wills & Estates Lawyer. You need to speak to the expert lawyers at Sydney Wills Lawyers on how to successfully Challenge a Will. We specialise in Wills & Estate Law and pride ourselves on our open and honest communication with clients.