Challenging a Will – Who qualifies as an Eligible Person?

August 18, 2016 by admin · Leave a Comment 

In some circumstances, people who believe they have a right to receive assets from an estate are left out of the Will. If you are left out of a Will and want to challenge it, you must qualify as an ‘eligible person’. In accordance with section 57 of the Succession Act 2006 (NSW), a person qualifies as an eligible person if they were: The wife or husband of the deceased person at the time of the deceased person

Challenging a Will – Undue Influence and Duress

August 18, 2016 by admin · Leave a Comment 

A court may find that a Will is invalid if the deceased was unduly influenced or acted under duress to draft their Will in a certain way. Undue Influence People may manipulate others that are vulnerable or dependent on others – often the elderly or the ill. Undue influence occurs when a Will maker (testator) is put under pressure by the conduct of another person. Most cases involve a family member, friend or trus

Inadequate Provision under a Will? Contested Wills Lawyers Sydney

April 28, 2011 by admin · 1 Comment 

Have you been properly provided for under a relative’s will? If you’re having doubts, contact us at AWM Dickinson & Son Lawyers. We can advise you of your entitlements. Let us explain what happens after a testator – a person who writes a will – dies. In almost every will, someone is appointed to be an executor. This person will carry out the instructions in the will. In ord