Speaking broadly, there are three primary grounds for a Will to be contested in NSW today:
- Undue influence
- Testamentary incapacity
- Family Provision claims
In our experience, it is uncommon for claims to be brought for reason of undue influence or a lack of testamentary capacity. If you would like further information on these points, we invite you to call our office.
Family Provision claims are by far the most common source of will disputes in NSW.
By law, only certain categories of persons associated with the deceased are entitled to make a Family Provision claim, being:
- Current and former spouses (de facto or married)
- Certain categories of grandchildren
- Certain categories of formerly or currently dependent persons
- Certain categories of carers and cohabitants
The basis of a Family Provision claim in an argument that the deceased in their Will failed to make adequate financial provision for the proper maintenance, education or advancement of the individual bringing the claim.
Located conveniently in the Sutherland Shire near Sutherland train station, Muscat & Co have extensive experience acting for both claimant plaintiffs and defendant estates in Family Provision matters.
If you believe you might have grounds to challenge a Will, or alternatively if you are concerned that an estate you are currently involved with might be the subject of a Will contest, we invite you to contact us for an obligation-free assessment and discussion of your circumstances.
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