If you have been left out of a Will, or you believe you are entitled to more from the estate than you receive, we can help.
Did your loved one not have capacity at the time of making their Will? Were they under pressure? You may be able to challenge their Will. In NSW, claims for provision or a greater share of a deceased person’s Will are called Family Provision Claims and the relevant legislation is the Succession Act 2006 (NSW) (“the Act”).
Family Provision Claims
You can make a family provision claim if you are an eligible person (as defined in the Act) and have been left out of a Will, or did not receive what you thought you were entitled to receive. In the case of an intestate estate (where there is no Will), the Act also sets out who is a beneficiary and entitled to a share of the deceased estate.
We can help you work through this process and determine if you’re an eligible person and assist and advise you on what is involved in making a claim. There are strict time limits that apply when making a claim so it is important to get legal advice as soon as possible.
Lack of Capacity
If you believe that at the time of making their last Will, the deceased did not have the mental capacity to make a Will, you may wish to consider challenging the validity of the Will. This will require evidence about the deceased’s mental capacity around the time of making the Will which shows that they did not understand or have the capacity to make a Will at that time.
Where a person may have been influenced by another person to make a Will which did not reflect their true wishes, a Court may find that they have been unduly influenced and declare that Will to be invalid. For example, this type of claim can occur when a family member or friend assisted with the preparation or execution of the Will.
How do I stop someone from making a Family Provision Claim on my Will?
If you are worried that an estranged child, grandchild, previous partner, or a dependant may make a claim on your Will, there are steps that can be taken to protect your wishes at the time of preparing your Will. For more information on Wills, click here.