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