Losing a loved one is difficult enough without the added stress of feeling unfairly treated in their will. If you believe a will does not reflect the true intentions of the deceased or you’ve been left out without a reasonable explanation, you may consider contesting a will in Newcastle. However, before taking legal steps, it’s important to understand the legal grounds, procedures and potential consequences involved.

Understand If You’re Eligible

Not everyone can challenge a will. In New South Wales, only eligible persons may contest, which typically includes spouses, de facto partners, children (including stepchildren), former spouses and dependants. If you’re unsure whether you fall into one of these categories, a solicitor experienced in family provision claims can advise you.

Know the Grounds for Contesting

There are specific legal grounds on which you can contest a will. These include:

• You believe you have not been adequately provided for in the will.
• You suspect the will was made under undue influence or pressure.
• You believe the deceased lacked the mental capacity to make a valid will at the time it was signed.
• There is a more recent will or legal document that has not been considered.

Understanding which grounds apply to your situation is crucial for building a strong case.

Be Aware of Time Limits

Time is of the essence when it comes to legal challenges. In New South Wales, a claim under the Family Provision Act must usually be filed within 12 months from the date of the deceased’s death. Missing this deadline could mean losing your right to contest entirely, so it’s vital to act promptly.

Prepare Financially and Emotionally

Challenging a will can be an emotionally draining and sometimes costly process. While some lawyers work on a “no win, no fee” basis, legal expenses can still be significant if the case becomes complex or prolonged. You should also be prepared for the emotional strain, as contesting a will can cause tension among surviving family members.

Consider Alternative Resolution

Before going to court, consider mediation or negotiation as a first step. Many disputes over wills are resolved through informal settlement discussions. This approach can save time, reduce stress and limit legal costs, all while preserving family relationships where possible.

Contesting a will in Newcastle  requires careful consideration, legal eligibility and a clear understanding of your rights and obligations. Seeking early legal advice and being fully informed of the process can help you make the best decision in what is often a difficult and emotional time.