If you are an individual looking to contest a Will in Sydney, it is important to know that there is a legal framework that allows you to file a claim in court. A Will can be found to be invalid for several reasons including undue influence, lack of testamentary capacity on the part of the testator, or failure to adhere to formal legal requirements. If you have cause to suspect that a Will was created under suspicious circumstances, contact The Will Challenge Lawyers today to explore your options.
When Is A Will Considered Invalid?
Before you decide to contest a Will in Sydney, it is best to understand the circumstances under which a Will could be considered invalid:
- The document does not comply with the legal requirements for the execution of a Will
- The testator is believed to have lacked the testamentary capacity to make the Will
- The testator was unduly influenced to make or alter the Will
- The testator did not give approval of the Will or changes made to it
- The Will was made fraudulently
- Claimants can demonstrate other suspicious circumstances
Are You Eligible to Contest a Will in Sydney?
To be eligible, you should either be included in the Will, named in a previous draft of the Will, or establish that you had a close personal relationship, were dependent on the testator, or could inherit under intestacy laws.
Filing a Probate Caveat
With the help of a Will dispute lawyer in Sydney, you should begin by filing a probate caveat with the Probate Registry of the NSW Supreme Court. This is a notice that questions the validity of the Will.
The caveat prevents executors from being granted probate for the distribution of assets and must be followed by evidence that supports the challenge of the Will.
The executors have the opportunity to respond with a Statement of Claim that seeks to establish the validity of the Will, after which the caveator can respond to their claim.
What Happens to an Invalid Will?
When disputing a will in Sydney, the court may determine that the Will is not valid and order one of the following:
- Grant probate for an earlier Will if it is valid
- Declare the estate intestate and administer according to NSW succession law
- Award the inheritance to next of kin such as spouse or de facto partner
Contact a Will dispute lawyer in Sydney for more information on what to expect during an invalid Will case.
Legal Representation for Disputing a Will in Sydney
An inheritance-related case requires the expertise of a skilled Will dispute lawyer in Sydney. Contact The Will Challenge Lawyers today to consult the intricacies of your case with a team of legal professionals who specialise in NSW succession law.
