If you wish to claim a will you need to know that there is a finite time period for you to do this. You cannot wait for a number of years to make a legal challenge and contest a will.
- In fact, you only have up to twelve months to start contesting a will in NSW with a legal professional.
After starting the claims process, it then doesn’t matter if that twelve month period lapses. You will still be lawfully entitled to the assets which you believe you have been denied in the first place.
Reasons Why You Can Contest
You must have a genuine reason as to exactly why you are making a claim for the assets in the will. In which case it’s in your best interests to hire a lawyer who can ensure that your case is properly put together and that you have provided enough compelling evidence for making a genuine claim.
- Without any evidence, you will not be able to make a strong claim.
There are a number of reasons why you can claim:
- You believe there are some hidden assets which the executor has not revealed
- You believe that the person who made the will did not have all of their critical faculties
- You suspect that you have been cut out of the will unjustly
- Your needs are not realised
- You believe that the signature on the will is a forgery
- You suspect that the person who made the will was threatened
- You find that there is not a signature on the document or it has been marked with a rudimentary “X”.
All of the above are all sound reasons for making a claim and should be explored in greater detail.
- If you think that you have been cut out of the will, you will have to prove that this is certainly out of character and that you should be included.
- Your needs might not be met if you are left out of the will by parents or children. You can dispute will if the quality of your life has indeed suffered. You will need to show proof of this, such as not being able to keep up with rent payments due to insufficient funds.
- Executors may have concealedassets and you can challenge them with assistance from a lawyer.
4. Anyone who was suffering from an illness might not have had their full critical faculties to write out a will. You can legally challenge the will’s contents.
5.Someone may have forged the signature on the will so they can claim assets. A legal professional can build a case for you, should you believe the signature is a forgery.
6. If someone is threatened with violence, this will invalidate the will.
7. If there the will has no signature, it is not a legally binding document.
If you think that any of the above applies, you really should challenge the will.