Contesting a will requires you to hire a qualified lawyer because they will be able to assist you when you are making the claim. You need to have evidence that you have been left out of the will unfairly and you will need to prove that your relationship with the person who died was close.
There are lots of different people who can contest wills. Who are they?
Heirs
An heir is a son or daughter who stands to gain some assets when their parent dies. It is extremely common for parents to want to leave something behind so that their children can buy a new house or go to university and study something to advance their careers and earn more money.
You might feel that you have been unfairly cut out if your mum or dad does not name you in their will and instead. This can cause divisions in families and you need to act as quickly as possible if you are this unfortunate situation.
You should discuss the situation with your siblings and with a qualified lawyer.
Adopted Children
You do not have to be a blood relative in order to contest a will. You might have been left out of the will as an adopted child, and you may feel that you are entitled to a share of the money that your parents have left behind. This can be an extremely upsetting situation and you might fall out with your other family members as a result. Adopted children are just some of the people who can contest a will in NSW.
You should consider making a challenge if you think that you were unfairly cut out of the will. Then you will be able to claim the money or assets which will help you in the future. You should try and act as quickly as possible that everything will be resolved in a satisfactory manner.
People Who Were Named In The Previous Versions Of A Will
People don’t just make a will when they are on their deathbed. It shows a lack of foresight if people are waiting until their old age to make a will. Ideally, people will write their first will when they are in their twenties. Then they will ideally update their will every few years so that they reflect the changing circumstances of their life and the changing nature of their assets.
Anyone who is named in a previous version of the will has the right to make a claim for assets if they feel like they have been left out of the will unfairly. It does not matter if you were only named in the first version of the will fifty years before the person died, or you were added a year before: you still have the same right to claim what you think is rightfully yours.
When you are challenging a will, you need to be as methodical as possible. You will need to support your claim with some evidence.
