Not all inheritances are fair, nor are they equal. When someone in your immediate family dies, he or she is going to leave something behind. But what happens if he or she doesn’t leave anything to you? Depending on the circumstances, you might be eligible to fight the will and get what you’re entitled to.
However, you should know that this process isn’t always easy. You’re going to need to be eligible to fight the will and if you’re not eligible, there’s nothing you can do. In New South Wales, there are a lot of things that can make a person eligible to fight a will but there are also a lot of things that can make a person ineligible. Before you meet with a lawyer to discuss your options, you should know as much as possible about fighting a will and your eligibility.
Some Things to Know About Eligibility
Contesting a will in NSW is not the same as fighting a will anywhere else in Australia. The factors that make a person eligible are very specific. For instance, if your parent dies and does not leave you anything behind, you might be eligible to receive some sort of inheritance based on your financial need. If you’re not deemed to be in financial need, you will not get anything.
In order to determine whether you have financial need, you’re going to need to bring your case before a judge. The judge will look at your mortgage payments or living costs as well as your loans, debt, and other financial burdens. If your financial situation appears to be overbearing, you’re likely to become eligible to fight the will and receive some sort of inheritance.
If you are a stepchild, you are not immediately eligible to make a claim if your stepparent dies. However, if you can establish that you were dependent on your stepparent at some point during your life, you might be eligible to make a claim. You can also make a claim if you are a grandchild who was dependent on your grandparent at some point in your life. Establishing dependency is the only way to receive eligibility.
Perhaps your parent gave everything away to charity in his or her will. If you can establish financial need, you might be eligible to receive some sort of inheritance. Ultimately, your best chance of getting any sort of inheritance is to get a lawyer who can help you establish dependency or financial need in court.
Get a Lawyer
Making a case for eligibility in order to make a claim can be difficult if you’re not familiar with the law. If you want to make a claim and fight a will, the best way to do it is to hire a lawyer. First, you should get online and do some research. Look for a lawyer who deals with family law in New South Wales.
You can reach out to him or her for a consultation and tell him or her about how you’ve been left out of the will. The lawyer can help you find a way to establish dependency or financial need so that you can get what you’re entitled to.