Please select Menu Source

4 MISTAKES TO AVOID WHEN CONTESTING A WILL (NSW)

The common pitfalls can help you approach the situation more effectively and increase your chances of a favorable outcome. One of the most critical mistakes is missing the statutory time limit for contesting a will. In NSW, you typically have 12 months from the date of the deceased’s death to file a claim. This period might seem long, but gathering necessary documents, obtaining legal advice, and preparing your case can take significant time.

Contesting a will is a complex legal process, particularly in New South Wales (NSW), where specific regulations and guidelines govern such matters. In this comprehensive guide, we explore the intricacies of contesting a will in NSW and highlight four crucial mistakes to avoid during this challenging process.

Many people contesting a will overlook the importance of mediation and settlement discussions. The court often requires parties to attempt mediation before proceeding to a full trial. Mediation can be a less stressful and more cost-effective way to resolve disputes.

It allows for a more flexible and confidential setting where both parties can negotiate and potentially reach an amicable agreement. Ignoring this step can lead to prolonged litigation, increased legal costs, and further strain on family relationships.
Embrace mediation as a valuable opportunity to resolve the matter efficiently.

Urgent: Contesting a will?

Schedule Your Free Consultation With Our Estate Lawyers Today.

*Free consultation is limited to 15 minute phone call for us to give preliminary advice

UNDERSTANDING THE CONTESTING PROCESS IN NSW

Contesting a will involves challenging the distribution of assets outlined in the deceased’s testament. In NSW, the process is governed by the Succession Act 2006, which outlines the grounds and procedures for contesting a will. Understanding these processes is crucial to navigating the legal landscape effectively.

PROCRASTINATING ON TAKING LEGAL ACTION

Procrastination can be detrimental when contesting a will. NSW law imposes strict time limits for initiating a claim. Failing to act promptly may result in forfeiture of your right to contest. It is imperative to seek legal advice promptly if you believe you have grounds to challenge a will.

NEGLECTING THE IMPORTANCE OF PROFESSIONAL ADVICE

In the complex legal realm of will contests, professional advice is invaluable. Engaging with experienced Wills & Estates Lawyers In Sydney can provide critical insights into the strengths and weaknesses of your case. This expert guidance enhances your chances of a successful resolution.

OVERLOOKING THE VALIDITY OF GROUNDS FOR CONTEST

Contesting a will without valid grounds is a common mistake. NSW law recognizes specific grounds for contesting, including lack of testamentary capacity, undue influence, and family provision claims. Failing to assess the validity of your grounds can lead to unnecessary legal battles and financial strain.

DISREGARDING MEDIATION AND ALTERNATIVE DISPUTE RESOLUTION

Mediation and alternative dispute resolution methods offer viable alternatives to lengthy court battles. Disregarding these options can be a mistake. Opting for mediation allows disputing parties to reach a mutually agreeable settlement, minimizing emotional distress and financial burdens.

CONCLUSION

Contesting a will in NSW demands careful consideration and strategic planning. By avoiding the aforementioned mistakes and seeking professional guidance, you can navigate the legal intricacies successfully. Remember, time is of the essence, and early intervention is key to a favorable outcome.

FAQs

You must initiate a claim within 12 months from the date of the deceased’s passing. Extensions are rare and granted only in exceptional circumstances.
Yes, NSW law allows eligible persons, including non-family members who were financially dependent on the deceased, to contest a will.
The costs vary depending on the complexity of the case. Legal fees, court fees, and other associated expenses should be considered. Seeking legal advice provides clarity on potential costs.
Yes, alternative dispute resolution methods like mediation and negotiation offer ways to settle disputes without resorting to court litigation.
 

Engaging a qualified lawyer, gathering relevant documentation, and considering alternative dispute resolution methods contribute to a smoother contesting process.

Our Latest Blogs

Clear Filters

How to Get Power of Attorney?

Learn how to get a Power of Attorney in Australia with our guide. Understand the process and why it’s crucial for managing your legal and financial affairs.

How To Write A Will That’s Legally Binding In Australia

A wills lawyer who is aware with the legislation in your state can make sure that your will conforms with all applicable rules.

OUR Estate LAWYER REVIEWS

Our Happy Clients

Explore Our Comprehensive Legal Services

Book a consultation

Our expert migration lawyers offer paid consultations to suit your needs—choose a quick 15-minute session for general advice or a comprehensive 45-minute session for in-depth discussion and tailored guidance.

Preliminary Migration Law Consultation

Comprehensive Migration Law Consultation