Challenging of Wills

Are you seeking advice on how to challenge a will and your options?

Protect Your Rightful Inheritance

At Barwick Boitano Lawyers, we understand the emotional and financial toll that a disputed will can take on families. If you believe a loved one’s will is invalid or fails to provide for you adequately, our experienced team is here to guide you through the process of challenging the will and protecting your rightful inheritance.

Our skilled lawyers are well-versed in the complexities of NSW succession law and can assist you in challenging a will on various grounds, including:

Lack of testamentary capacity: If the will-maker lacked the mental capacity to understand the nature and consequences of making a will.
Undue influence: If the will was made under coercion, pressure, or influence from another person, and does not reflect the will-maker’s true intentions.
Fraud or forgery: If the will was obtained through fraudulent means or is a forged document.
Failure to comply with formal requirements: If the will was not properly executed according to legal requirements.
Rectification: If the will does not accurately reflect the will-maker’s intentions due to a clerical error or mistake.
Family provision claim: If you believe you have not been adequately provided for in the will and seek a greater share of the estate.

We understand the sensitive nature of these matters and will handle your case with the utmost professionalism and compassion. Our team will work tirelessly to gather evidence, build a strong legal strategy, and represent your interests in court, if necessary.

Don’t let an invalid or unfair will jeopardize your future. Contact Barwick Boitano Lawyers today to schedule a consultation and take the first step towards protecting your rights and securing your rightful inheritance.

Challenging Wills in New South Wales (NSW)

In NSW, there are several grounds on which a will can be challenged, including:

Lack of testamentary capacity: The will-maker (testator) lacked the mental capacity to understand the nature and consequences of making a will at the time it was executed.
Undue influence: The will was made under coercion, pressure, or influence from another person, and does not reflect the testator’s true intentions.
Fraud or forgery: The will was obtained through fraudulent means or is a forged document.
Failure to comply with formal requirements: The will was not properly executed according to the requirements set out in the Succession Act 2006 (NSW), such as being in writing, signed by the testator, and witnessed by two independent witnesses.
Rectification: The will does not accurately reflect the testator’s intentions due to a clerical error or mistake.
Family provision claim: An eligible person (such as a spouse, child, or dependent) believes they have not been adequately provided for in the will and seeks a greater share of the estate.

To challenge a will, the claimant must file proceedings in the Supreme Court of NSW within 12 months of the testator’s death, unless an extension is granted by the court. The court will consider the evidence and determine the validity of the will or make appropriate orders, such as revoking the will or granting a family provision claim.