If you’re looking for assistance on what the legal grounds for contesting an estate are, then this is the guide for you. Will Challenge Lawyers in Sydney has over 40 years of experience in contesting wills. In this handy guide, we’ll cover who can contest the terms of an estate, what terms can be contested and the grounds for contesting said estate. If you have any questions regarding estate contestation, or if you’d like to have a consultation with our specialists, feel free to contact us today!
Who Can Contest an Estate?
To contest a will, you must be what the law says is an “eligible person.” These can include a number of people, including family members such as spouses, children, grandchildren, siblings or dependants, other non-family beneficiaries, creditors or other parties with a claim against the estate in question.
What Can Be Contested?
Most parts of an estate can be contested, including properties, cash, intellectual property and personal property. There are, however, some things that cannot be contested, largely centred around assets that are not part of the estate of the testator, including jointly-owned assets, superannuation, trusts and company assets.
Grounds for Contesting an Estate
An estate may be contested for a number of reasons. These include:
- A belief that the will or execution of said will was fraudulent.
- If a person eligible under the family provisions claim believes that the estate granted to them as a beneficiary was of a lower than expected amount, or was not bequeathed to them at all.
If you are uncertain whether or not you have appropriate grounds for contesting an estate through a will challenge, make sure to consult with an experienced lawyer. Will Challenge Lawyers has been a trusted provider of estate challenges for over 40 years and should be your top choice.
If you have any questions, or if you’d like to have a consultation with one of our experts, reach out to us! Contact us online, or call us on 1800 098 113!
