When it comes to wills in Australia, each state in the country has varying rules that apply to the jurisdiction. For instance, different eligibility requirements and time limits are indicated, based on when the deceased passed away. Most will contesting in New South Wales, or NSW is performed on a no-win-no-fee basis. This is good news for anyone who wishes to contest a will, as he or she will not obligated to pay a fee if the anticipated results are not obtained.
What Are the Grounds for Your Claim?
When you plan to contest a will, you need to know the grounds for your case in the state where you live as well as how to go about the process. You also must find out if you are eligible. Time limits are set in place. Therefore, you need to find out what they are if you are contesting a will in NSW. In addition, you need to find out how to obtain a copy of the will. It is also helpful to know what takes place if the will happens to be invalid.
Make a Family Provision Claim
If you live in New South Wales (NSW) and you wish to contest a will, you need to make a family provision claim. You can make this claim if you are an eligible applicant and you believe and assert that you have been left without sufficient provision.
In NSW, only certain people can make a family provision claim or contest a will. These people are listed as follows:
- The spouse of the deceased at the time of death
- A person who lived in a de-facto relationship with the deceased
- A child of the deceased
- A former spouse of the deceased
- A person who was partially or wholly dependent on the deceased
- A grandchild of the deceased
- A member of the deceased’s household
- A person who lived in a close personal relationship with the deceased at the time of his or her death
Who May Not Be Eligible
In NSW, a sibling, parent, stepchild, and a former de-facto partner are not categorically listed as being eligible. However, eligibility may be granted if they were dependent on the deceased or lived in his or her household.
Determining Adequate Provision
When you have finally determined eligibility and have submitted a claim, you need to know how the court may determine the matter. The court considers your relationship with the deceased as well as the deceased’s relationship with other persons who are eligible candidates. It also considers your financial position and the overall size of the estate. The determination of adequate provision can become complicated, and therefore varies with each claim.
Each Claim Is Unique
Because each family provision claim is unique, you need to contact an attorney in NSW who is well versed in estate law in Australia. By taking this step, you can proceed more confidently and find out more about how to handle this type of complex matter.