Challenging a Charity Bequest (NSW)

Charitable bequests allow individuals to support causes and organizations close to their hearts. However, disputes over charitable bequests can arise, particularly when someone challenges the validity or fairness of the provision. In New South Wales, individuals who wish to contest a charity bequest face unique legal considerations and challenges that require the help of our contesting a will solicitors at Szabo & Associates.

Understanding Charity Bequests in Wills

Many people leave a legacy by including charitable bequests in their wills. These bequests can take various forms, such as a specific sum of money, a percentage of the estate, or even designated assets like property or artwork. Under common law, there are four heads of charity:

• Relief of poverty
• Advancement of education
• Advancement of religion
• Other purposes beneficial to the community

Legal Grounds for Challenging Charity Bequests in NSW

While charitable giving is commendable, it can sometimes conflict with the expectations of family members or other beneficiaries. The law encourages upholding a testator’s wishes; however, there are situations where a family member might be able to challenge a charitable bequest in NSW. Recognised grounds for contesting a will with a charitable gift include:

• Lack of testamentary capacity: If you have evidence that the testator lacked the mental capacity to understand the implications of their will when drafted, the entire will could be declared invalid.
• Undue influence: If you believe the testator was pressured into leaving a charitable gift by a specific individual or organisation, you might be able to contest the bequest.
• Fraud or forgery: Suspicions of fraud, forgery, or other misconduct in the creation or execution of the will, including misrepresentation regarding the testator’s intentions or the validity of the charitable bequest, may invalidate the provision.
• Formal validity issues: Doubts about the will’s formal validity, such as signing and witness requirements, could impact the charitable bequest.
• Insufficient provision for the family: Under the Succession Act 2006, eligible individuals can make a family provision claim if the will fails to make adequate provision for their proper maintenance and support.
• Public policy considerations: In some cases, the court may consider public policy considerations in determining the validity of charitable bequests, particularly if there are concerns about the legitimacy or bona fides of the charitable organization or cause.

Navigating Challenges to Charity Bequests

Challenging a charity bequest involves navigating complex legal issues and procedures, requiring the guidance of our experienced wills and probate lawyers in Sydney and NSW. If you are seeking to contest a charity bequest, you should consider the following steps:

• Seek legal advice from our team at Szabo & Associates Solicitors.
• Gather evidence to support the grounds for challenging the charity bequest, including witness testimony, documentary evidence, and expert opinions.
• Explore settlement options, potentially including mediation.
• Litigate in court if necessary.

Seek Legal Advice from Szabo & Associates

If you are seeking to contest a charity bequest, you must demonstrate valid legal grounds for challenging the provision. For help navigating the complex legal procedures required for challenging the charity bequest, contact our contesting a will solicitors at 02 9281 5088. We can review your claim, advise you on the likelihood of success based on your specific grounds for contest, and guide you through the legal process.