On what grounds can a will be contested in NSW?
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On what grounds can a will be contested in NSW?
The grounds for contesting a Will in NSW (similar to other jurisdictions) are as follows:
- The Will is ‘Grossly Unfair’ If the will is considered to be grossly unfair then you may be able to successfully challenge the will.
- Lack of Testamentary Capacity.
- Duress, Fraud & Undue Influence.
How much does it cost to contest a will in NSW?
In NSW, the average cost to contest a will is about $5,000 to $10,000 if the matter stays out of court. If the matter goes to court, the average cost to contest a will is about $20,000 – $100,000.
How Long does it take to contest a will in NSW?
If the case is not settled generally a final hearing will take place between 1-2 years after the application is filed. For simple cases the hearing can take place must sooner, while more complex cases require further time for all parties to prepare their case, meaning that a hearing may not be set until much later.
What happens when someone contests a will NSW?
If someone makes a formal contest to the will or makes a claim to the estate, you must wait until this is resolved by the court before distributing any assets.
How can I stop someone from contesting my will?
It is unfortunately not possible to prevent someone from contesting a will. However, when drafting a will, and in the early stages of being faced with the prospect of an inheritance dispute, various steps can be taken to protect against the will being contested.
How do I stop someone contesting a will in NSW?
The simple answer is that you can’t ever stop someone contesting your will. This is because state and territory legislation across Australia allows ‘eligible’ people to make a claim against an estate if they can establish that they have not been adequately provided for in the deceased’s will.
Who pays to contest a will?
If the matter goes to a trial and is decided by a judge, then the judge will also decide who should pay the costs of the dispute. The usual rule is that the losing party will pay the winning party’s costs, although on some occasions the court can order that costs be paid by the deceased’s estate.
What reasons do you need to contest a will?
What are the most common reasons for contesting a Will?
- Failure to comply with formalities. For a Will to be valid, it must be written and signed in the presence of two witnesses, neither of whom can benefit from the Will.
- Lack of capacity.
- Undue influence.
- Financial maintenance.
- Fraudulent Wills.
