Is It Possible to Prevent a Will Being Contested?

In NSW, the Succession Act provides that certain people, particularly close family, can contest a deceased’s Will if they have not been properly provided for. As such it is not possible to say that a person can legally prevent their Will from being contested by an ‘eligible’ person.

However, with the help of the experts at Szabo & Associates Solicitors, there are options to minimise the possibility of a successful contest happening.

Options to reduce the risk of a Will being contested

If a person is left out of a Will, or insufficiently provided for, they may well be able to make a successful claim against a deceased’s estate. Recognising this means making reasonable provision for them so they are unlikely to make a claim, or if they do, the Court will not disregard wishes set out in the Will.

If this option is not acceptable, a statutory declaration can be documented explaining the reasoning behind excluding someone from a Will. A Court would consider evidence of this type in assessing a family provision claim.

Transferring assets

Giving away part of an estate may not be successful if the objective is to avoid a Will being contested. If the transfer of these assets occurs within certain timeframes, they may be subject to the concept of ‘notional estate’. If the estate is insufficient to meet a valid claim for family provision, the Court has the power to unwind the transactions so that the assets involved are available to help satisfy the claim.

Contact our Wills and Estate Planning Lawyers in Sydney, NSW

If you need to make or review your Will, it is important that you obtain the best advice. Please contact the experts at Szabo & Associates Solicitors on 02 9281 5088 or complete the online contact form.