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Who can contest a will?
In NSW, “eligible persons” can contest a will and make what is called a family provision claim if they have been left with inadequate provision from a deceased Estate. Eligible persons include:
- The wife or husband of the deceased;
- A de facto spouse of the deceased;
- A child of the deceased;
- A former wife or husband of the deceased;
- A person who was wholly or partly dependent upon the deceased at any particular time;
- A grandchild of the deceased who was at that particular time or any other time a member of the household in which the deceased was a member;
- A person with whom the deceased was living in a close personal relationship at the time of the deceased person’s death.
Grounds for contesting a will
If you believe that you have been inadequately provided for, and are an “eligible person”, you may be able to make a claim. Briefly, some of the matters to be considered by a Court are:
- Your financial position and need for provision;
- Your relationship with the deceased;
- The size of the Estate;
- Other persons eligible to make a claim.
How long do I have to contest a will?
Family provision claims must be commenced within 12 months of the date of death. Whilst the Court has discretion to grant an extension of time, it will only do so if there is “sufficient cause” for doing so.