Challenging a Will

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Challenging a Will in Sydney – Will Disputes & Family Provision Claims In NSW

This page provides articles relating to when and how an individual may challenge a will in the state of New South Wales
Challenging a Will in Sydney
General InformationAmount of Claim
General Information
What you need to know about challenging a will (Sydney)

This page provides information for people who have made the decision to challenge a will. Sydney – as part of NSW – has different laws governing it from other areas, so make sure that the will falls under the jurisdiction of NSW before pursuing the matter further in NSW. If you’re in doubt about this, please contact one of our expert team at State Lawyers.

We are the experts when it comes to challenging a will. Sydney residents have come to rely on our sound, expert, and clear advice when it comes to their legal concerns, as well as our ability to explain matters in a way is jargon free and not confusing. When it comes to challenging a will, Sydney locals can expect us to identify precisely what they’re entitled to, and the advocate strongly for it at each stage in the challenge process in order to achieve the resolution that you’re entitled to under the law.

For people that find themselves in the circumstances where they need to contest a will in Sydney, State Lawyers, located right in the heart of the city, is the firm to visit. Have a read of the information below, and then contact us with additional questions, or to discuss your specific circumstances.

Challenging the validity of the will
  • The validity of a will may be challenged after you have passed away in the following circumstances:
    • If you did not have the capacity to make the will at the time when you signed it. For example, if you were not in sound mind due to circumstances arising at the date of signing the will;
    • The will was not properly executed or there was evidence of fraudulence;
    • The will was not the last one drawn up by the deceased individual;
    • If the will was made under duress (due to the influence of other individuals);
    • IIf a person you had a responsibility to provide for reasonably believes that they have been left out of the will and claim their fair share of the estate based on their contribution.
  • Challenging a will (Sydney) needs to be judged on a case to case basis. At State Lawyers we can provide you the necessary advice to determine whether you have a valid challenge or contest a will. Please don’t hesitate to contact us for a free consultation on your matter.
  • Is a will able to be challenged if it is unclear on the meaning of the will?
    • It is possible for the will to be challenged if the will is ambiguous. However, the Courts will rarely interfere with the wishes of the deceased. The Courts make seek clarifications on specific aspects of the will if the construction of the will is deemed ambiguous. At State Lawyers we are able to draft wills in order to avoid confusion as to the construction and meaning of the will as intended by the will maker.
Can I contest a will if I don't live in NSW?
  • If the deceased lived in New South Wales and owned assets in New South Wales, a claim can be made in New South Wales even if you don’t live in New South Wales.
  • The place where you live does not affect whether you can challenge a will in NSW. In the event that you need to challenge a will, Sydney residents, and those who live in States or Territories other than New South Wales can make a claim, as can claimants who live overseas. The process is the same in each circumstance..
  • The jurisdiction will be based on where you initiate legal proceedings.
Can I challenge part of the will
  • Yes, it is possible to challenge part of the will depending on the circumstances of each case.
  • Contesting of a Will arises when a person is in a relationship of trust (also known as a fiduciary relationship) with the testator and they have (apparently) abused this relationship to procure a benefit from the Will.
  • You can only challenge a will you must have ‘standing’, to have standing to challenge the validity of a will:
    • A Person or Persons named in the Will (the beneficiary/beneficiaries); and
    • Anyone who would stand to inherit if the Will was indeed invalid. That is to say, persons who have been ‘disinherited’ or excluded from inheriting.

Please call one of our lawyers if you are unsure in which state to contest a Will in.

If you are thinking of making a claim, you should act immediately. It is possible the estate property may be sold or transferred and estate funds may be spent. If you delay in making a claim, there may be no assets or funds to claim on

Amount of Claim
How much is my claim worth?

State Lawyers has experience in this area and based on their experience in the industry we cannot precisely predict how much your claim is worth because it is based on certain factors which are individualistic.

The following are some of the factors which are taken into account when assessing your claim and are useful in determining a potential range which you may receive from the estate:

  • The nature of the relationship between you and the deceased
  • The nature of the relationship between the deceased and any other beneficiaries
  • The size and nature of the estate
  • The financial needs of yourself and any other beneficiary
  • The health needs of yourself and any other beneficiary
  • Any contributions (without adequate repayment) you made to the building up of the estate, the welfare of the deceased or the welfare of the family of the deceased