Contested Estates

Contested estates involve disputes over the distribution of a deceased person’s assets, typically addressed through the probate process. These disputes can arise for various reasons, such as claims of inadequate provision, allegations of undue influence, or questions regarding the validity of a Will. The most relevant legislation in relation to contested, the states are the Succession Act 2006 (NSW) which governs family provision claims and the distribution of estates, and the Probate and Administration Act 1898 (NSW) which governs the probate process and administration of estates. The common grounds for contesting an estate are:

1. Family Provision Claims:
   • Basis: A person believes they have not been adequately provided for in the will.
   • Eligibility: Under the Succession Act 2006 (NSW), eligible persons include spouses (including de facto partners), children, former spouses, persons who were financially dependent on the deceased, and persons with whom the deceased was living in a close personal relationship at the time of death.
   • Court’s Considerations: The court considers factors such as the applicant’s financial needs, the size of the estate, the relationship between the applicant and the deceased, and the deceased’s obligations to the applicant.
2. Challenging the Validity of the Will:
   • Lack of Testamentary Capacity: The testator did not have the mental capacity to understand the nature and effect of making the Will at the time it was executed.
   • Undue Influence: The testator was pressured or coerced into making the Will or changing its terms.
   • Fraud or Forgery: The Will is fraudulent or has been forged.
   • Improper Execution: The Will does not meet the formal legal requirements for execution, such as being signed and witnessed correctly.
3. Interpretation and Construction Disputes:
   • Ambiguity: Disagreements over the interpretation of specific terms or provisions in the Will.
   • Mistakes: Errors in the drafting of the Will that do not reflect the testator’s true intentions.

1. Applicant’s Needs: Financial and personal needs of the applicant.
2. Estate Size: The value and composition of the estate.
3. Relationships: Nature of the relationship between the applicant and the deceased.
4. Conduct: Conduct of the applicant and other beneficiaries.
5. Deceased’s Obligations: The deceased’s moral obligations to the applicant.

1. Capacity: Evidence of the testator’s mental state at the time of making the Will.
2. Influence: Evidence of undue influence or coercion.
3. Compliance: Whether the Will was properly executed according to legal requirements.

Contesting an estate involves complex legal processes and considerations. Whether you are seeking to challenge a Will, make a family provision claim, or defend an estate, contact Buckley Lawyers on 02 9220 1737 for expert legal advice to understand your entitlements.