In NSW it is possible to challenge a will on a number of grounds, including that the person who made the will did not have necessary level of mental capacity when they made the will.
Additionally the Succession Act states that certain categories of people, such as children or spouses, have the right to make a claim if they were left out of the will or provision for them in the will is inadequate.
Some other people can make a claim on the basis that they were a ‘dependent’ on the deceased and that the estate ought to make further provision for them.
If you come and see us we can discuss your situation with you and advise whether you have any realistic prospects of success, and what needs to be done to pursue the claim.
Jacinta Watkins is able to assist anyone seeking legal advice in regard to challenging an estate or will.