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.