On the death of the loved one (usually a family member), the first question most often asked is “who do you notify that you intend to contest a Will?”
Firstly, in terms of the law, if you wish to contest a Will, the notification takes the form of filing a Summons in the Supreme Court of New South Wales and it is important that same be filed within 12 months from the date of death. There are some circumstances where you may be permitted to bring a claim to contest a Will by filing papers in Court more than 12 months after the date of death e.g. where you did not have any notice of the actual date of death.
If you feel that the circumstances exist that you have been not left with adequate and proper money from an Estate, you should firstly contact a competent and experienced legal practitioner who works in this field. That legal practitioner will notify the Executors of the Estate and their solicitors of your intention to contest a Will.
That will not prevent them from seeking the Grant of Probate( the sooner the better for your claim) but it will put those persons on notice not to distribute assets of the estate without your consent or Court Order.
Other persons to notify that you intend to contest the Will are
a) potential witnesses to your claim and
b) other persons who may also be eligible to make a claim on the Estate .
In summary those persons who you notify that you intend to contest a Will are first:
1. The Executor of the Estate named in the Will and their solicitors; and
2. Other potential claimants (by a letter to the Executor and persons holding Estate assets).
This can be done through and by your solicitor promptly after your initial consultation.
You should not delay in notifying persons that you intend to contest a Will to prevent assets being distributed which can cause problems in tracing same in the event of a successful claim.
Who Do You Notify That You Intend to Contest a Will?
