Do I have to go to court to contest a will?
Whether or not you need to go to court to contest a will depends on the willingness of the involved parties to settle the matter in private. Whenever possible, will...
Read MoreWhat is the process for challenging a will?
In NSW, a will cannot be contested simply because it seems unfair. Only interested or eligible persons can challenge a will, and there must be valid legal grounds. Common reasons...
Read MoreWhat evidence is needed to dispute a will?
To successfully contest a will, you need substantial evidence to demonstrate that the will does not truly represent the deceased’s intentions or was created under invalid circumstances. Important types of...
Read MoreCan I contest an estate if there is no will?
Yes, you can. If a person dies without leaving a will, or if the named beneficiaries have passed away, the estate is distributed according to the statutory rules of intestacy.
Read MoreWhat are the legal grounds for contesting a will?
In NSW, you cannot contest a will simply because you believe it is ‘unfair.’ Rather, anyone considered an interested or eligible party must have valid reasons for disputing the will’s...
Read MoreWho can make a contested will claim?
An eligible person may include a spouse, de facto partner, child, former spouse, dependent grandchild or someone who was fully or partly dependent on the deceased person. You could also...
Read MoreWhat is the difference between a family provision claim and challenging the validity of a will?
A family provision claim is made by an eligible person seeking further support where a will does not make adequate provision for their needs. The Court may issue a family...
Read MoreWhat is the cost of an enduring power of attorney in NSW?
We will be happy to provide you with an estimate of how much your power of attorney will cost before you commit yourself. The reason we can’t set out a...
Read MoreWhen does an enduring power of attorney become invalid?
When you die, when you revoke it, or when it is terminated by the Supreme Court or NSW Civil and Administrative Tribunal (NCAT).
Read MoreCan a power of attorney change a will in Australia?
No, an enduring power of attorney does not have the authority to change your will or any other legal documents relating to your financial affairs.
Read MoreCategories
- A-Z of Family Law
- Building & construction
- Business contracts
- Business law
- Claims
- Commercial litigation
- Contested wills & estates
- Conveyancing & property
- Criminal law
- Debt recovery
- Defamation
- Elder law
- Employment
- Estate planning
- Family Law
- Firm news
- Franchising
- Motor vehicle accidents
- Personal law
- Uncategorized
- Videos
- Wills & estates
- Workers compensation
Liability limited by a scheme approved under Professional Standards Legislation