What is the process for challenging a will?

While the exact steps for contesting a will in NSW differ based on individual circumstances, the overall process generally includes the below stages:

1. Confirm whether probate has been issued: First, determine if probate has been granted by checking the probate notices on the NSW Online Registry or by contacting the Supreme Court to check the status.
2. Evaluate financial need: Assess whether you can demonstrate a need for the inheritance, particularly in comparison to other potential beneficiaries.
3. Seek legal advice: If you believe you have valid grounds to contest the will, consult with a lawyer who can evaluate the strength of your case. Your lawyer will start the formal contesting process by investigating the estate, which usually involves sending a letter to the executor requesting detailed information about the estate. Your lawyer will also scrutinise the will and identify the estate’s assets and liabilities.
4. Prepare necessary documents: Your lawyer will prepare a series of documents, including a written statement about your relationship with the deceased, your financial situation, and your health status.
5. Negotiate with the executor: Your lawyer will reach out to the executor, who may offer to settle the dispute out of court.
6. Proceed to court (if needed): If an agreement on the will’s validity cannot be reached, one of the parties must initiate court proceedings. The claimant, who argues that the will is valid, will file a Statement of Claim, outlining the reasons for its validity. The defendant, opposing the will, will file a defence, detailing why they believe it is invalid. Both parties must prepare and submit evidence in the form of affidavits to support their respective arguments.

For personalised and proactive support with contesting a will in NSW, contact our experienced lawyers today.