Tips and Guide

How to Contest a Will

If someone close to you has passed away, it will be a very difficult and trying time for everyone involved. There are many different things you have to handle as a result of someone passing away. One of the things you need to take care of is the will of the decedent. Most people choose to write a final will and testament, so that they do not pass away with their affairs intestate. There are many different ways to write a will, but the most important element is that the will is legally binding. A will is a legal document that needs to have all of the same conditions as other legal documents, such as a contract. However, unlike other legal documents, it cannot be amended after it goes into effect. Therefore, the writing of a will is very serious. If it is not written properly or if that is in any way in doubt, it will sometimes be subject to a contest.

How to Contest a Will

Contesting a Will

To contest a will, you need to hire an attorney. Oftentimes, this will be a public trustee in NSW. To contest a will, you need to have grounds for the contest. Typically, those grounds will say that the will was either written improperly or was not complete. There are laws governing who must be covered by a will in certain respects. For example, if you have child dependents, you cannot cut them out of the will. You cannot exclude them intentionally or unintentionally since they depend on your assets. They might even be excluded unintentionally. For example, if you have had a child since you last wrote your will, they could be excluded if you do not update it. That will be a mistake that has to be addressed by a trustee.

What Is a Trustee?

A trustee is someone who is given power over a set of assets according to the relevant law. In this case, they will likely have control over the assets of the decedent until the will is decided. They will then be in charge of dispensing these assets in the agreed-upon manner. Essentially, they are entrusted with someone’s estate. The trustee is typically an attorney. That’s a good choice since an attorney will know the law and know how to properly dispense the assets. They’ll also understand the ins and outs of the will. That means they’ll be able to help you through the contesting process.

Contesting a will does not have to be an acrimonious process. In many cases, a will is contested simply because of some kind of accident or oversight. Either way, it needs to be done carefully and legally. That’s why it’s important to hire an attorney to handle such proceedings.

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