What happens if I have been left out of a Will?

If you have been left out of a Will in New South Wales, you have several legal options to consider, depending on your relationship to the deceased and the circumstances. Here are some possible courses of action:

Contesting the Will: If you are an eligible person under the Succession Act 2006 (NSW), you may be able to contest the Will. Eligible persons typically include spouses, de facto partners, children, and certain dependents. To contest a Will, you will need to demonstrate that you were inadequately provided for in the Will or unfairly left out completely. This is commonly done through a family provision claim.

Family Provision Claim: A family provision claim is a legal action you can take to seek a share of the deceased person's estate if you believe you have not been adequately provided for. The Court will consider various factors, including your financial needs and the deceased's moral obligation to provide for you. If your claim is successful, the court may make an order for further provision from the estate to you.

Challenging the Validity of the Will: You can also challenge a Will in New South Wales if you believe it is not valid due to reasons such as undue influence, lack of mental capacity, fraud, or improper execution. Challenging the validity of a Will is a separate legal process from a family provision claim.

Negotiation and Mediation: Before pursuing legal action, it may be recommended to explore alternative options including negotiation and mediation with the executors or beneficiaries of the Will. Resolving disputes through dispute resolution services can be less time-consuming and costly than going to Court.

Legal Advice: It is highly recommended to consult with a lawyer who specialises in estate claims. They can help you understand your rights and options, as well as guide you through the legal process.

Keep in mind that there are time constraints in making a claim against an estate. Seeking legal advice is crucial to understanding your rights and the best approach for your situation. At Kells, we have a team of lawyers who can assist you in making a claim. If you feel you have been unfairly left out of a Will, contact us today.