Australian law generally recognises an individual’s right to write a will that is unfettered by any limitations or constraints as to what is ‘fair’.
However, sometimes respecting this right in every case can result in a grossly unfair will, leaving valued members of the family without any support or 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.
Such ‘good reasons’ include whether there are dependents who were partially or fully financially dependent upon the deceased. Another reason is whether the deceased had the mental capacity to fully understand what he/she was doing at the time.
Please read the below info-graphic for a more detailed explanation about challenging 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.