Australian law generally recognises an individual’s right to write a will that is unfettered by the any limitations or constraints as to what is ‘fair’.
However, sometimes this right can result in grossly unfair last will and testament, which can leave valued members of the family without any benefits. The process of contesting a will varies between states but in NSW a will can be contested if there are ‘good reasons’ to do so.
These reasons include whether there a dependants who were partially or fully financially dependent upon the deceased, whether the deceased had the mental capacity to understand what he/she was doing and so on.
Please read the below info-graphic for a more detailed explanation of contesting a will in NSW.
If you ever find yourself in a similar situation or need assistance in managing your own will or that of a loved one, please do not hesitate to contact Owen Hodge Lawyers on 1800 770 780.