HOW CAN PENROSE HELP WITH CHALLENGING A WILL
Australian law recognises that sometimes, the terms of a will may be unfair. It gives people the right to make a claim against an estate if they are eligible.
The option of challenging a will does not only apply to spouses and children and may apply to grandchildren, relatives, same-sex partners, former spouses, de-facto partners, or people who were living in a close relationship with the deceased.
In NSW, there is 12 months from when the will maker passed-away to challenge a will, so you must act fast.
The most common reasons for challenging a will, include:
- Being left out of a will.
- Proper provision not being made for dependants and loved ones.
- The will being tampered with.
- A person not having the mental capacity to prepare a will.
- More recent wills.
When challenging a will, the Court will generally consider:
- If the Will was ‘grossly unfair’.
- If a person has been left out of a will that should have been provided for.
- The will makers intentions and whether they had the mental capacity to understand what they were doing.
- If the person challenging the will was partially or fully dependant on the will maker.