A Guide to Contesting A Will


The legal process as well as completing the paperwork surrounding a person’s death can sometimes be challenging, especially if you do not understand the various procedures that are required. In addition, if you believe that you have been deliberately left out of a will or if you think that you have not received what you were expecting, then you should consider contesting the will legally as soon as possible. Indeed, one of the most important things that you should understand before contesting a will is the various legal implications of taking your case to court. However, if you are thinking of contesting a will, then you should carry out a simple online search for expert advice. Lastly, you should consider contacting a firm of experts in family provision claims as soon as possible to help deal with such a claim.

Understand the law

Depending on your location, you may have to deal with different laws, especially if you decide to contest the will. However, as a result of significant differences between geographical locations, you should consider the reasons why you can contest the contents of a particular will. Indeed, if you are faced with a situation which gives you or your family inadequate provision in a will or if you face a situation where the will was not clear or had been changed by another person, then lodging an application to the relevant authorities within a particular period is essential. Furthermore, it is also important to ask for legal advice because the various laws surrounding the dispute of a will can sometimes be complicated, while time-limits can also change depending on your location.

Challenge a will

If you’ve decided to take out a challenge against a will, especially if you have been left out, or were not happy with the size of your inheritance, then you must demonstrate to the court that the challenge is legitimate. Indeed, a will cannot be challenged by everyone while most claims are made by family members or partners. Therefore, you should make sure you get the appropriate advice from a firm specialising in a family provision claim in NSW before deciding to bring a challenge against a will.

Probate issues

Furthermore, if you are faced with a will that seems unfair or has been deliberately changed by a third-party, then you should contemplate taking out a challenge under the laws of probate. This particular process will ask a court to make a decision about whether a particular will is valid. In addition, if you want to challenge a will for the benefit of your family, then you should also understand the probate process.

Extra provisions

If you have determined that your situation necessitates making a challenge to a will, you should understand the elements of the process. A court will examine your relationship with the deceased as well as their responsibilities towards you, and they may examine whether you have assisted with any welfare for the deceased person in the past. In many circumstances, it is common for people to feel that the process is overwhelming. However, by looking for assistance from the best possible firm of legal experts, you can rest assured that your challenge will be supported.

If you are looking for assistance about contesting a will, then you should consider carrying out a quick online search for legal advice as soon as possible.