NSW Can I Contest This Will.

[Johnny_d]

I have been the executor of my parent's will for as long as I can remember (20+ years). Recently my only other sibling has moved into their home and has manipulated their poor old souls against me and my partner in an attempt at a money grab. I have a bad feeling they have been successful in there ploy as my parents have distanced themselves from me. Is there anything I can do to help my case and what avenues do I have at contesting the will when they pass away. Will I have a legitimate chance of contesting it?

Thank you

 

[Tim W]

You are not the executor until you are appointed in the Grant of Probate.
While they remain alive, you are merely the nominee.

Perhaps you should contact the solicitor who prepared the wills
(there should be one each), and see if there has been any new work.

 

[Johnny_d]

You are not the executor until you are appointed in the Grant of Probate.
While they remain alive, you are merely the nominee.

Perhaps you should contact the solicitor who prepared the wills
(there should be one each), and see if there has been any new work.

Interesting I didn't think the solicitor would have authority to to disperse that kind of information, I will give that a try.

 

[Johnny_d]

So the solicitor told me he cant provide me that information without the authority of the testator. I guess I will just have to wait and contest it, I was more wandering if there is anything I can do in the meantime to make my case stronger.

 

[larrylarry]

So the solicitor told me he cant provide me that information without the authority of the testator. I guess I will just have to wait and contest it, I was more wandering if there is anything I can do in the meantime to make my case stronger.

There's nothing you can do at the moment. You don't know if the Will has been changed and the contents therein. This is often a difficult topic to bring up with parents...if you are looking after your parents, just keep looking after out of love and concern.

 

[AdValorem]

Hi Johnny

You asked 'Will I have a legitimate chance of contesting it?' referring to the wills of your parents.

You have the right to contest the wills: see section 57 of the Succession Act 2006 which lists the eligible persons who may contest a will.

Kind regards
Val