How to contest a Will in the Supreme Court NSW
There are various ways to contest a Will in the Supreme Court of NSW. Including family provision claims, a lack of testamentary capacity by the Will maker, fraud, undue influence or a need to rectify the drafting of a Will.
Family Provision Claims
Family Provision Claims are claims from an eligible person that the deceased did not make adequate provision for their maintenance, education and advancement in life in their Will.
These claims are generally made by a person close to the deceased, such as a partner, ex-partner, child, step-child or grandchild.
There is a set process that the Supreme Court uses for family provision claims. This includes mandatory mediation between the parties, which is aimed at avoiding emotional and financially draining court proceedings. As a result of mandatory mediation ordered by the Supreme Court, the majority of family provision claims will not proceed to a Court hearing. This avoids a protracted challenge to the deceased Estate, as well as the need to instruct a Barrister to appear in the Supreme Court.
Fraud, Undue Influence, Lack of Testamentary Capacity
These types of Will Challenges usually require more evidence to show that the deceased’s Will was either fraudulent, or that the deceased was under undue influence at the time they made their Will, or that the deceased lacked testamentary capacity at the time they made their Will.
Will Challenges of this nature will generally commence with a claim filed in the Supreme Court, setting out the facts relied on by the person making the claim against the deceased Estate.
It is common in these type of Will Challenges for both parties in the dispute to be represented by a Barrister in the Supreme Court.
If you are considering Challenging a Will then you need to ensure you receive expert Wills and Estates advice from a lawyer who works solely in this area of the law. This will ensure that your legal advice is practical, relevant and of the highest standard increasing your chances of success.