Is it Difficult to Contest a Will in NSW? Part 1 of 2

Contesting a Will in New South Wales is relatively straightforward, however doing so successfully would appear to be another matter altogether - after two recent NSW court decisions have highlighted the difficulties of mounting an effective challenge. This short blog looks at the first case of the two.

In the first case, two grandsons challenged the will of their late grandfather whose estate – which was worth approximately $5.5 million and included a family farming business - was left to his daughter. The deceased owned and ran the farming business together with his daughter and her partner, while the grandsons had no involvement.

One grandson settled his case, the other, named Robert, did not. With regards to Robert, the Supreme Court judge thought him to be an "unimpressive witness" with a ''highly developed and unhealthy sense of entitlement."

Justice Michael Pembroke continued: ''Like many an expectant heir before him, he has not made the most of his opportunities, imprudently assuming that [Robert] and his brother would inherit their grandfather's estate.''

While Justice Pembroke found that Robert was entitled to receive some money under NSW succession laws, he received a mere fraction of his claim of $1.1 million.

Click here to read part 2 of this blog series, where we consider the second case: a daughter unsuccessfully challenged her late father's will, which left his estate to his son and widow.

Planning to Contest, Make or Update a Will in NSW?

If you are thinking of contesting, making or updating a will in New South Wales, Szabo & Associates Solicitors can help. To get in touch, please call us on (02) 9281-5088 or click to book a consultation. Alternatively, please complete our online enquiry form which is located on the right-hand side of this page. We are always delighted to hear from you!