What is “testamentary capacity”? The legal test for assessing testamentary capacity was outlined almost 150 years ago in a case called Banks v Goodfellow (1870) LR QB 549. The test has four (4) aspects to it, namely: 1. That the willmaker understands the nature of the act of making a Will and its effects, 2. […]
Newcastle Will Dispute Lawyers
If you have been left out of a Will or not fairly or adequately provided for, you may be entitled to monetary provision from the Deceased’s Estate. Despite the terms of a Will, a Court may make Orders to redistribute the assets of a Deceased Estate to include people who have been left out or not adequately provided for in the Will.
Who can make a claim
The following people may contest a Will and make a claim for provision from an Estate despite the terms of the Will:
- the wife, husband or de facto partner of the deceased as at the date of death,
- a child (or adopted child) of the deceased,
- the ex-wife or ex-husband of the deceased,
- a grandchild of the person who was wholly or partially dependent upon the deceased at any time,
- any person who lived with the deceased at some time and who was dependent upon them to some extent at any time (this category may include step-children and foster children), and
- a person who was living with the deceased at the date of death and provided the deceased with, or for whom the deceased provided, domestic support and personal care.
A person who can establish that they fall into one or more of the above classes is described by the relevant law as an ‘eligible person‘ and may have cause to consider contesting a Will.
In many cases, Contested Wills Claims are resolved without the need for extensive, or any, Court proceedings. Contact the Deceased Estates Team at Roberts Legal to speak to an experienced Solicitor who will pursue your interests without delay.
A person must make a claim within 12 months of the date of death (where the date of death is after 1 March 2009). If this time limit has passed, the person must seek the Court’s permission to make a claim.
If you’re considering contesting a Will in Newcastle or greater NSW it is advisable to seek legal assistance sooner rather than later.