A will refers to a document which give instructions regarding how a person’s possessions should be distributed upon the death of that person to make sure that the possessions will be distributed as per their wishes.
Although, this may seem to be an easy way of preventing disputes after one’s death, however, it is not always the case because it is common to see people challenge a will NSW, particularly if they feel that the terms are not in favor to them.
Legal grounds for challenging a will
Prior to challenging a will NSW, there are several factors that need to be considered in order to make sure that the challenge is possible. One of these is if there is a dispute as to the wordings and the meaning of those wordings in the will. If there is an uncertainty in the wording of the will, an application can be made to have the court what the deceased person really meant when the will was drafted.
If it can be shown that the terms of the will were unfair, the court may alter the will or the distribution of the estate while taking into account the claim. This is probably the most common challenge people face and, it is simple to make and prove as well.
Less common grounds for challenging a will NSW include providing that the deceased was experiencing undue influence at the time the will was written or by being able to show that the deceased did not have testamentary capacity to write a will. Both of these challenges are pretty difficult to prove as they need substantial factual or medical evidences to satisfy the court. Just because a person is very old or suffering from some kind of mental illness doesn’t mean that he/she is incapable of writing a will. Rest you can discuss with Contesting A Will Lawyers.
Time limits
Time limits are applicable when contesting a will NSW. The best course is to seek assistance of contesting a will lawyers after the person has died, to ensure that you don’t have to face any time related problems.
