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Contesting wills focus of free Newcastle forum

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Contesting wills focus of free Newcastle forum

A Hunter law firm is hosting a free forum this month to answer people’s questions on wills, particularly contesting them.

Family and relationship lawyers Rob Dilley and Jessica Rea from Catherine Henry Lawyers are conducting the event at the company’s Newcastle office on 22 February from 6 pm to 8 pm.

Mr Dilley said there were many reasons why people wanted to contest or challenge a will.

“Factors such as more blended families are increasing the number of contested wills,” he added.

“It’s common for people to feel they have been unfairly left out of or treated in a will.

“Sometimes the concern is that a will is fraudulent.

“Or the person making the will lacked the mental capacity or was under the influence of another person when they made their will.

“In NSW people can make a Family Provision claim if they believe they have been unfairly excluded as a beneficiary of the will or that what was left to them is inadequate.

“That can include step-children, who have lived with and been dependent on the person who has died, as well as former partners (married or defacto) of the person.

“The financial circumstances of the person contesting the will is something the court process looks at when considering the challenge to a will.”

The forum will cover the questions the team is often asked:

  • Who can contest a will?
  • When should a will be challenged?
  • What if probate – an order by the Supreme Court of NSW that the will is valid – has already been granted?
  • What reasons can be used to contest a will?
  • Are there time limits on contesting a will?
  • What can people do to help avoid their will being contested?

“A poorly-drafted will can leave people exposed to their will being contested,” Mr Dilley said.

“This can mean that their wishes don’t end up being honoured or tied up in protracted, costly, legal disputes.

“The people or organisations they wanted to leave their estate to miss out or are delayed in receiving their benefits.”

He explained the fact that only about half of all Australians had a will, which muddied the waters.

“The best thing people can do is have a lawyer help them to draft a will to ensure their wishes are honoured and their estate goes where it should go,” Mr Dilley said.

Bookings for the forum are essential as places are limited. Register via eventbrite.com.au.

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