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Please note that TIME LIMITS apply to contest a will. In NSW an application(Family Provision) to contest an inheritance dispute must be made within 12 months of the family member's death.

In NSW, eligible persons can CONTEST A WILL and make a FAMILY PROVISION claim if they have been left without adequate provision from a deceased estate.

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In some circumstances, it is possible to challenge the VALIDITY OF THE WILL itself. The Validity of the Will could be challenged, for instance, on the basis of: UNDUE INFLUENCE, lack of MENTAL CAPACITY (testamentary capacity), FRAUD or FORGERY.

It is possible to challenge the VALIDITY OF THE WILL before or after a grant of Probate. But it is very difficult to challenge the VALIDITY OF THE WILL after the distribution of the Estate.

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In some instances, an Executor or Administrator may need to defend the assets of the Estate. `Interested persons` could challenge the Validity of the deceased’s Will. For example, a disinherited child or partner of the deceased could make a Family Provision claim on the Estate.

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If the deceased left a will with the wishes of how the assets in NSW should be distributed after his/her death, the Executor has to apply for a Grant of Probate from the Supreme Court of NSW. If there is no will, the assets of the deceased will be distributed in accordance with rules of intestacy. We will assist the Executor/Administrator to make the application to the Court.

Where the deceased person has left a will but the Executor is unwilling or unable to obtain a grant of Probate, we will assist an `interested person` (for instance a beneficiary) to apply for a Grant of Probate.

Where the deceased person did NOT leave a will, an `interested person` (for instance a beneficiary) can apply for a Grant of Letters of Administration.

Grants of Probate or Letters of Administration permit the Executor or Administrator to deal with assets of the estate. The Court could make a limited Grant to allow some assets or could set a time limit on the Administration of teh Estate.

In cases where the deceased lived in a different state but had assets in NSW, it would be necessary to obtain a Grant in the state where he/she lived and then apply to teh Court to reseal of the Grant by the Supreme Court of NSW. of New South Wales.

If an eligible person (claimant) made a family provision claim, the Court takes into account financial needs of the claimant. If we recommend the claimant to make a claim, we will act on a NO WIN NO FEE basis.

We do NOT charge ANY UPFRONT FEES if we agreed to take the claim on a NO WIN NO FEE basis. In a Family Provision claim, our costs and disbursements will be paid by the Estate and only if a payout agreement is reached between the parties or a Court makes an order in your favour.

City Lawyers and Consultants specialise in Family Provision claims. We offer NO WIN NO FEE agreements to our clients.

Please e-mail or call us to discuss whether you might have a claim.

For City Lawyers and Consultants FREE consultation please call us on (02) 9844 5437

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