Can I challenge a will after probate has been granted?
Yes, you can challenge a will after probate has been granted. In New South Wales, probate must be obtained before the court can issue a Family Provision Order, whether by...
Read MoreWhat are the time limits when contesting a will?
In NSW, you generally have 12 months from the date of death to lodge a claim to contest a will, unless an exception applies. Acting promptly is essential, as early...
Read MoreHow long does it take to contest a will?
The time it takes to contest a will varies depending on whether the case goes to court. An experienced solicitor may be able to negotiate a settlement with the executor,...
Read MoreDo 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, 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 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...
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