If you feel that the terms of a will are unfair to you, uncertain or you’re unsure about the validity of a will, Wilson Haynes is here to help you. If the terms of the will are unfair to you as a beneficiary, or if they exclude you from being a beneficiary, you may be able to contest the will.
In Queensland and New South Wales, generally a will can be successfully contested if any of the following can be established:
- The will is “grossly unfair”;
- The testator (will-maker) lacked capacity at the time the will was drafted; or
- Undue influence; duress or fraud.
For family members or beneficiaries considering contesting a will, it is critical that they obtain the appropriate legal advice as soon as possible after the will-maker’s death, to avoid missing the strict time limits for making a claim against the estate of the deceased.
For executors, getting the right advice early will result in the avoidance of common mistakes and, possibly, a claim against the estate being avoided.
At Wilson Haynes we provide advice to the beneficiaries and executors alike. Please get in touch with us and book in for your free 40 minute session to discuss how we can assist you as either an executor or a person who feels they have grounds for contesting a will.