Is it Difficult to Contest a Will in NSW? Part 2 of 2

Last week we published the first blog in a two part series, which focuses on contesting a will in New South Wales. We explained that whilst actually contesting a will in Australia is not difficult, two recent NSW court decisions indicate that doing so successfully is much more so.

This blog looks at the second case, which concerned a daughter's unsuccessful challenge to her late father's Will, which dictated that his estate be left to his son and widow.

The deceased's estate was made up of fifty per cent of a farm and a farming partnership worth around $1.3 million and 'other' assets worth in the region of $70,000.

The 'other' assets were left to the deceased's widow, who also obtained approximately $400,000 of joint assets. 

The half share of the farm and farming business was left to the deceased's son who had been an integral part of the farming business since the age of 15. This gift however, was charged with a legacy of approximately $157,000 payable to the deceased's daughter – who was contesting the Will as it is thought she believed she was entitled to more.

The deceased's daughter, who had a good relationship with her father, was a retired teacher with modest assets. The Court rejected her claim however, ordering her to pay the estate's costs of $150,000 and leaving her with less than $10,000 of the legacy.

This case, together with the one discussed in the first blog of this series, highlight the difficulties, which may be encountered when contesting a Will - particularly when business assets form part of an estate.

Planning to Contest, Make or Update a Will in NSW?

If you are thinking of contesting, making or updating a Will in New South Wales, Szabo & Associates Solicitors can help. To get in touch, please call us on (02) 9281-5088 or click here to book a consultation. Alternatively, please complete our online enquiry form, which is located on the right-hand side of this page. We are always delighted to hear from you!