Absolute Gifts and Contested Wills (NSW)

The distribution of assets through a will is intended to provide clarity and peace of mind to the testator and their beneficiaries; however, disputes over the validity or fairness of a will can arise, leading to contested wills and complex legal proceedings. One common issue that arises in contested wills is the concept of absolute gifts. Our Szabo & Associates contesting a will solicitors can explain the implications of absolute gifts in contested wills and how we can help you navigate their challenges.

What are Absolute Gifts in a Will?

An absolute gift is a bequest granted to a beneficiary with no attached conditions or restrictions. When a testator includes an absolute gift in their will, they are essentially saying that the beneficiary receives complete ownership and control over the gifted asset. Examples of absolute gifts include:

• A sum of money
• A piece of real estate or personal property
• A percentage of the estate’s assets

Key Characteristics of Absolute Gifts

There are several key characteristics of absolute gifts, including:

• Unrestricted ownership: The beneficiary has the legal right to use, sell, or dispose of the gifted asset as they see fit. The testator cannot limit how the beneficiary utilises the gift.
• Immediate vesting: An absolute gift immediately transfers ownership to the beneficiary upon the testator’s death, provided the will is valid.
• No conditions attached: There are no strings attached to an absolute gift. The beneficiary receives the asset regardless of their actions or fulfilling any specific requirements.

How Absolute Gifts Impact Contested Wills

While absolute gifts provide clear ownership for beneficiaries, they can also become a point of contention in contested wills. Common challenges associated with absolute gifts in contested wills include:

• Reduced estate value: Absolute gifts can significantly reduce the estate’s overall value available for other beneficiaries.
• Capacity and undue influence: Allegations that a testator lacked the mental capacity to make a will or was unduly influenced by another party may cast doubt on the validity of an absolute gift.
• Fraud or forgery: Suspicions of fraud or forgery in the creation or execution of the will may lead to challenges to the validity of absolute gifts.
• Family provision claims: Beneficiaries who feel they have not been adequately provided for in the will may seek further provision from the estate.

Protecting Your Inheritance Rights as a Beneficiary of an Absolute Gift

If you are named as the beneficiary of an absolute gift in a NSW will, here are steps you can take to protect your inheritance rights:

• Secure the original will
• Consult with our wills and probate lawyers
• Maintain open communication with other beneficiaries

Protecting Your Inheritance Rights if You Are Not Named in a Will

If you believe you were unfairly excluded from a will, particularly if you had a close relationship with the deceased and were financially dependent on them, you might have grounds to contest the will in NSW. You should consider these factors:

• Eligibility to make a family provision claim under the Succession Act 2006
• Ability to demonstrate a genuine financial need

Consulting with a Lawyer is Crucial

Whether you are the beneficiary of an absolute gift or believe you were unfairly excluded from a will, consulting with our contesting a will solicitors at Szabo & Associates is crucial. Do not wait to contact us at 02 9281 5088. We can assess your situation, advise you on the best course of action, defend your inheritance as a beneficiary, and explore options for contesting a will.