What happens if a beneficiary challenges the validity of a will?

Before a disappointed beneficiary takes steps to challenge the validity a will, they would be well advised to consider the effect on the entitlement to the estate, should the challenge succeed. If the challenge is successful and there was an earlier will, the estate will be distributed in accordance with that earlier will.

Can a will be contested by a beneficiary?

When people believe they are entitled to a larger share of an estate than they have been willed, they may bring the matter before the court. Since a successful challenge may change the process of distributing the estate, the existing beneficiaries must be notified of such an attempt. There are several reasons why a will may be contested.

What happens if I am named beneficiary of a will?

Suspicion of undue influence or dissatisfaction with the clarity of the will are also reasons for potential challenges, as well as allegations that a close family member has not received adequate compensation. If you have been named the beneficiary of a deceased person, this does not mean you lose the ability to bring a challenge yourself.

When do you become a beneficiary of a will in NSW?

If someone in your family has recently passed away, you may be named as a beneficiary in their will. While dealing with the aftermath of a loss is a difficult and emotional time, you should be aware of the legal rights you have as the beneficiary of a deceased person under the relevant NSW law, the Succession Act 2006.

Is it possible to challenge a beneficiary designation?

It is difficult to successfully challenge beneficiary designations based on errors, omissions, or outdated beneficiary designations because courts typically honor the contractual terms. Challenges are not always based on innocent mistakes or the failure to update a beneficiary designation.

Can a beneficiary challenge a will before probate?

A beneficiary can challenge a Will before probate has been granted by means of a document called a caveat. A probate caveat is a document that is filed in court to prevent the proposed executors of a deceased’s estate from getting permission to administer the estates assets.

When does a beneficiary have the right to contest a will?

A beneficiary has the right to contest the Will if there are sufficient grounds to do so. These grounds usually involve establishing if the testator had testamentary capacity, was under duress or undue influence or lacked an understanding of what they were doing. Ideally, beneficiaries should make a claim as soon as possible.