Protect Your Inheritance - Hire a Lawyer to Contest a Will

Protect Your Inheritance -Hire a Lawyer to Contest a Will

Getting a house or a property through a last will and testament of a deceased family member is great because you get to own a property and that can be an investment for your future. However not all wills are easily ruled to your favor. Often, there are people who would fight over the ownership of the property, which means you’re at stake of losing a future investment.

The will of a deceased person decides who gets their property and how much or what part of it they’ll get. In most cases, it is final. But for some, there are grounds for the will to be contested. Whether it was the incapacity of the testator to make the will or any other technical flaw in the creation of a will, the way the assets would be distributed could still be changed. Through the right process and getting the help of experienced lawyers, such as those from Contesting a Will NSW, you would be able to successfully get what you think you deserve and have a better future ahead, with an asset such as a house.

Am I Allowed to Contest a Will?

The law specifies that only certain people could contest a will. The law states that only a person or entity who have standings can challenge a will, which means only those who are directly affected by the outcome of the case can do so.

There are usually two types of person who may contest a will, one who is named in the will being contested, or one who should have benefited if the will was voided. This includes spouses, former spouses, de facto partners, children, grandchildren, and named beneficiary entities. Without the proper standing, you wouldn’t be able to proceed contesting a will.

Will You Be Able to File a Will Contest in a Timely Manner?

This all depends on where you live! If you happen to live in Australia, there is usually a time limit in contesting a will. For example, in Victoria this ranges from 6 months from the date of a grant of probate, and for almost a year after the death of the testator in New South Wales. If you would not be able to file a will contest within the given time-frame, you would not be given another chance to do so. If you are eligible to contest a will, you should do so as soon as possible.

Do I Have Grounds to Contest a Will?

If you are contesting a will just because you think it is unfair to you, chances are the court is going to junk your case. For you to be able to successfully contest a will, you should have the right grounds for doing so. State laws consider a wide variety of reasons to contest a will. Grounds allowed by law ranges from the mental incapacity of the testator to make the will, another party’s undue influence to the testator, the lack of particular legal requirements when making a will, to fraud and forgery of the will.

Would You Be Able to Get the Right Help?

Choosing the right lawyer to help you is very important in successfully contesting a will if you want to be able to meet the requirements mandated by law. If you are in Australia, looking for help in contesting a will, NSW has plenty of credible law firms to hire. Simply search online and you can find an expert in the field. By carefully choosing who will represent you in the court, you give yourself the best chance of successfully contesting a will.