A Will refers to a document, which gives instructions regarding how a person’s assets will be distributed after his/her death. A will ensures that the distribution is done according to the deceased’s wishes.
Although this may seem to be the easiest way of preventing disputes after one’s death but it is not the case because a lot of people have to challenge a will NSW if they feel that terms are not in their favour.
Legal grounds for challenging a will
Prior to challenging a will, there are many factors that should be considered in order to ensure that contesting a will NSW is actually possible in your case. One of these is a dispute on the wordings of will or if there is an uncertainty in the wording then an application can be made and the final decision is taken by the court.
If it can be shown that the terms of the will were unfair, the court may alter the distribution of the estate after taking the claim into consideration. This is probably the most common challenge and relative or children usually make the claims.
Some less common grounds for challenging a will include proving that the deceased was under the influence of someone at the time of writing will. In some other cases, the deceased lacked the capacity to make a will. Both of these challenges are difficult to prove as they demand concrete factual and medical evidences to support the claim.
Time limits and legal help
Time limits are applicable in case of contesting a will NSW. The best course of action is to seek legal help as soon as possible after the person has died. Make sure the will dispute lawyer has years of experience and knowledge in this particular field. This way they will be able to understand your problems easily and provide you much needed consultation and legal assistance.
