A judge in a black robe sits at a wooden desk, holding papers—perhaps reviewing if a Will can be challenged—with a wooden gavel and sound block in the foreground.

Can a Will be challenged?

 

Will Challenges in NSW

If you are dissatisfied with the provisions of a Will, or believe it’s invalid, you may have grounds to challenge it. PK Simpson can explain the circumstances under which a Will can be contested and guide you through the legal process.

Will document

Basis for Challenges

What if an Executor refuses to comply with the instructions contained within a Will? In NSW, this can be grounds to contest the estate.

Court Case Study

Case Details

A case brought before the NSW Supreme Court highlights the importance of contesting a Will when the Executor has not followed its contents. The dispute was between two brothers, with the Plaintiff contesting how the Defendant administered their deceased mother’s Will.

Original Will Provisions

The Will instructed the Executor to set aside sufficient funds to pay the Plaintiff a weekly benefit of $250 for life. However, approximately 54 weeks passed without any payments, resulting in a debt of $13,500 owed from the estate.

Court Decision

Financial Breakdown

The Court decided the Plaintiff would not receive weekly payments. Instead, a lump sum provision of $800,000 was ordered.

Award Details

  • $550,000–$600,000 for a one-bedroom apartment
  • $30,000 for moving costs and stamp duty
  • $20,000 for furniture and whitegoods
  • $150,000–$200,000 for future needs

The Court emphasised the importance of commencing proceedings within 12 months of the deceased’s death, as required under NSW law.

Legal Guidance

For advice on the best way to contest a Will that has not been appropriately administered, contact the lawyers at PK Simpson.