Contesting a Will

Will contesting On The Central Coast

Challenging or defending a challenge to a will?

The Succession Act 2006 (formerly referred to as the Family Provision Act 1982) is legislation governing estate law in NSW. A claim can be made to the Supreme Court for provision out of an estate, if a person has been left out of a will or believes insufficient provision has been made for them.

So are you an eligible person to contest or challenge a will?

A claim can only be made by certain classes of people as set out in the Act. These people are defined as ‘eligible persons’.

Is there a time limit for making a claim?

Linda Emery is experienced in all types of Succession Act claims, whether you wish to contest a will or you are an Executor of a will and defending a claim contesting a will.

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What factors does the court consider in such cases?

Linda Emery & Associates can help you answer these questions and assist your potential claim. We understand the personal and emotional nature of such matters and aims to to deliver a stress free outcome.

Should you be entitled to a larger bequest in an Estate?

At Linda Emery & Associates, we can provide you with expert legal advice as to whether you are eligible to challenge a Will and whether the Will contains unfair provisions or inadequate provision for you. Linda Emery is a Gosford based Lawyer with over 30 years experience to help guide you in these important decisions.

 

You need to be an eligible person in order to challenge a will. This can include a spouse, former spouse, de facto partner, children, step-children, grandchildren or members of the deceased’s household who were dependant on the deceased. There are conditions on whether you can make a claim and you need to contact Linda Emery & Associates to obtain this expert legal advice.

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Can I challenge a will?

In some circumstances, you can challenge a will where there is: Undue influence, Fraud, Forgery or the will maker lacked mental capacity.

Contact Linda Emery & Associates, your Gosford lawyer to obtain expert legal advice as to whether you can make a claim.

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Defending a Will

If you are an executor or beneficiary under a will, you may need expert legal advice to defend a will in the event there is a claim made by a third person such as a family member that has been left out of the will.

 

At Linda Emery & Associates, we can provide you with this advice and represent you in any litigation that is commenced.  We are conveniently located in Gosford and Linda Emery, Solicitor has over 30 years experience.

DEATH DURING COURT PROCEEDINGS

It is important for the deceased’s party’s legal representative to obtain advice as to what happens to the proceedings. The Court is authorised to produce documents regarding the property as it would have made when the party was alive.

 

The chosen executor stated in the deceased’s last will and testament is obliged to comply with any court orders, ensure legal costs are paid and instruct the lawyers involved on behalf of the deceased. Therefore, it is very important to review and/or update your will prior to the commencement of Family Court proceedings.

 

The outcome of your proceedings rests on what is stated in your will, don’t wait to review yours! Book an appointment at Linda Emery and Associates today.