If you have been left out of a Will, or not been provided for adequately in a Will,

then you may be entitled to make a claim against the deceased’s Estate under the Family Provisions Act. You do not have to be totally left out of a Will to dispute it.

Other situations can give rise to a claim arising out of a Will such as:

  1. When a Will has been forged,
  2. When someone has made a Will and not known what they were doing (ie due to dementia or other mental illness),
  3. When someone has made a Will against his/her wishes, ie. under duress or undue influence.

A claimant must meet the definition of an ‘eligible person’ and show that the claimant should be provided an additional amount for their maintenance, education of advancement in life.

A claim for a Family Provision order must be commenced in the Supreme Court within one year of the date of death of the deceased.

For any questions about Disputed Wills contact Mark on (02) 4225 2677 or get in touch.

Navigating the Legal System

There are many misconceptions when it comes to the legal system within New South Wales. Johnston Legal are here to help guide you and explain what you can expect when it comes to making a legal claim or representation.

Contact us to find out how we can help you.

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