Did you know there are time limitations on contesting a will in NSW? As Sydney’s leading estate dispute law firm, The Will Challenge Lawyers can walk you through the process of disputing a will and protecting your inheritance. Let’s take a closer look at time limits and statutes of limitations so you know what to expect if you decide to dispute a will in Sydney.
Family Provision Claim Within 12 Months
To succeed with contesting a will in Sydney, you must follow the statute of limitations and, most importantly, the legal requirement to file a claim within 12 months of the deceased’s date of death. In NSW, this is called a family provision claim, and it can only be filed with the court by an immediate family member, former spouse or de facto partner. When you dispute a will in Sydney, estate asset distribution will be delayed until the matter is formally resolved.
Ideal Timeframe for Will Contests
Although, according to the law, you have 12 months to contest a will, you should file a claim as soon as possible. After all, contesting a will in Sydney is a months-long process, so it will stop the estate from being settled any further. If you wait to file a claim until assets have already been distributed, the situation becomes more complex, although not impossible. It’s best to speak with a specialist solicitor to discuss reviewing a suspicious will or launching a claim against a deceased estate.
Reasons to Dispute a Will Within 12 Months
As you can see, time is of the essence if you wish to dispute a will in Sydney. This may be because you expected to be named in the will but were left off the beneficiaries list, or you may be a beneficiary but feel your share is unreasonable or unfair. The law may give you the right to claim a bigger portion of the deceased estate, but you need to act quickly, given the 12-month time limit and the overall complexities of estate law. A knowledgeable estate dispute lawyer will assist you in this process.
Enquire Online About Contesting a Will in Sydney
If you would like more information on contesting a will, our experienced solicitors are here to help. With decades of experience handling estate disputes, The Will Challenge Lawyers can make a difference to your claim. Get in touch online and discover our no win, no fee offer.