Contesting Wills Sydney

Contesting A Will?

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You Can Contest A Will In The Following Ways

Left Out?

You can Contest A Will if you believe have been left out of a Will where you believe you should not have been.

Deserve More?

You can Contest A Will if you believe you should have received greater provision under a Will that you are named in.

Challenge The Validity?

You can Contest A Will if you wish to challenge the validity of a Will.

Incorrectly Distributed or Administered

You can Contest A Will if you believe that either a Will or Testamentary Trust is being distributed or administered incorrectly.

Defending A Will?

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You May Seek To Defend A Will If You Are The Executor Or Administrator And:

You Received Notice or A Formal Court Summons

You may seek to Defend a Will if you are an Executor or Administrator and you have either received a formal Court Summons, or notice of a person seeking to make a Family Provision Claim.

Someone is Challenging The Will's Validity

You may seek to Defend the Will if someone is contesting the Will’s validity.

Someone Is Challenging Your Actions

You may seek to Defend the Will if someone is challenging how you are distributing or administering the Will (If You Are A Trustee).

Still unsure whether you are Contesting or Defending a Will?

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Types of Estate Disputes


Family Provision Claim

An eligible person (usually being a family member or person in a close relationship with the deceased) who is not adequately provided for in the deceased’s Will can apply for provision, or greater provision, from the estate.


Challenging The Validity Of A Will

A Will can be declared invalid if the deceased included a term, left a term out or otherwise did not write the Will how they would have wanted because of undue influence from another person. Also, if the deceased at the time of writing and signing the will lacked mental capacity the Will can be deemed invalid.


Executor Disputes

Where an executor or the person who is distributing the estate (administrator in cases of intestacy) is not carrying out their duties satisfactorily, or is unwilling or unable to do so, they can be removed.


Testamentary Trust Disputes

A Will can set up a trust, by appointing a trustee to administer assets in the interests of another. Where that trustee does not act according to the terms of the trust laid out in the Will or when those terms of the trust are unfair, a testamentary trust dispute arises.

For more information on the Types of Estate Disputes Download Our InfoSheet

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