Monday 24 July 2017
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Contesting a Will: Is It Possible?

Contesting a Will: Is It Possible?

It’s bad enough when a family member passes, but having to contest a will because of disputes among the recipients adds insult to injury. Even though there are definitive rulings over sentimental items and things of monetary value in the will, those living afterwards may not agree with everything that’s written. Because of this, there have been thousands of people in the NSW area who contest wills.


Why a Dispute May Arise

There are will beneficiaries who directly contest the construction of a will to try and receive what they feel they rightly deserve. Also known as a “construction dispute,” will contesting and estate teams target the wording of the will to find flaws that work in their favour. Other reasons a conflict may arise include:

  • The recipient is a step-family member, not full.
  • The recipient doesn’t get along with the rest of the family.
  • Those who believe they have a right to what someone else has received.
  • Disputes between step-parents and children, and what they receive.
  • The person was not coherent when signing will and power of attorney is suspicious.
  • Minors challenging the will, not as an adult.

As a beneficiary or recipient of anything in the will, you may be fine with what you’ve received. However, there are other people out there who have the option for contesting a will in NSW. The first part of defending this will is finding out if the person contesting has any legal right to do so.

Challenging a Will vs. Contesting a Will

Challenging a will is slightly different than contesting a will, and happens when a person in relation to the will creator believes he or she is receiving an inadequate amount or believes he or she was left out of the will entirely. Contesting a will can also mean fighting against a will that doesn’t exist. A person who passes without creating a will is called “intestate.” You may also contest a will if you find it to be invalid.

Who Is Eligible to Contest a Will?

When a person passes away, many people grieve the loss. Because of this, there are rules stating who can contest a will and who can’t. This rule doesn’t only apply to blood relatives, either. Those who can contest a will include:

  • Spouses (including de facto partners/same sex relationships)
  • Children
  • Former spouses
  • Stepchildren
  • Grandchildren
  • Dependents of the deceased who are unrelated
  • Those who are close to the person, but aren’t family members

The reason for choosing a will contesting specialist is because of the number of individuals who can contest and possibly win. It’s a scary world out there when someone feels that someone else is robbing him or her of what he or she wants, especially at the time of death when the person who has died is unable to speak up for himself or herself. To answer the title, yes, it’s entirely possible to contest, challenge, and defend a will. If you believe you aren’t receiving an adequate amount, or you want to protect the will against a threat, hiring the proper estate attorney can help you win your case.