• Grounds For Contesting A Will

    A Will can only be contested under certain circumstances

Sometimes a Will does not fairly provide for those left behind, when it should have. In those circumstances sufficient grounds may exist for a Will to be contested.

Though provisions are similar in other states the grounds for contesting a Will in NSW are:

  • The Will is grossly unfair;
  • The person making the Will lack testamentary capacity;
  • Where it is believed the person making the Will was not acting of their own free will;
  • Where there is evidence to suggest the Will is a forgery
  • Where you are an eligible person and you have not been adequately and properly provided for;
  • Where the person who made the Will entered into a contract regarding their estate and there is a claim for breach of contract;
  • Where the person making the Will established a testamentary trust under the Will.

To learn more about contesting a Will download our free guide here.

To determine whether you might have a claim get in touch with one of our Will Disputes experts and book yourself in for a FREE Claims Assessment.

 

 

 

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