In New South Wales, the Succession Act 2006 (NSW) allows eligible individuals to challenge a will by filing a family provision claim even if the probate has been granted. This type of claim seeks further provision from the estate on the grounds that the current Will does not make adequate provision for the applicant’s maintenance or advancement in life.
Will dispute lawyers would all agree that challenging a Will after probate can be a complicated process. However, there is a legal process that allows an individual to challenge a Will after probate is granted. In this blog, The Will Challenge Lawyers explores how the process works in New South Wales.
What Does Probate Mean?
Probate is the legal process by which a court validates a deceased person’s Will and authorises the executor to distribute the estate. Once probate is granted, the executor can begin managing and distributing assets. However, this does not necessarily mean the will is immune to dispute with the help of Will dispute solicitors.
Who Can Challenge a Will After Probate?
Only individuals classified as ‘eligible persons’ under the law can file a claim. This includes:
- Spouses (current or former),
- De facto partners,
- Children and stepchildren,
- Grandchildren or other dependents in limited circumstances,
- Anyone living in a close personal relationship with the deceased at the time of death.
To challenge a will after probate has been granted, the claimant must also meet strict time limits. In New South Wales, a family provision claim must usually be made within 12 months of the deceased’s death. Delays beyond this period can still be accepted by the court, but only in special circumstances. Contact our team of Will dispute lawyers today for a better understanding of the legal process.
Risks and Considerations
It is important to remember that once probate is granted and assets are being distributed, reversing the process can be a challenge. It may become infeasible to recover certain assets. As experienced Will dispute lawyers, we recommend acting quickly if you believe that you have grounds to challenge a Will.
Professional Will Dispute Lawyers in Sydney
At The Will Challenge Lawyers in Sydney, we are well-versed in the nuances and complexities of post-probate Will disputes.
