Rights Of A Will Beneficiary In NSW

What Are The Rights Of A Will Beneficiary In NSW

February 6, 2024

Most people do write a Last Will & Testament in order to ensure that their estate is divided according to their wishes and if you are a beneficiary in a deceased family member’s will, you have certain rights. Of course, there are sometimes issues with the distribution of a deceased person’s estate and when such a situation arises, the best solution is to contact a family lawyer.

Here is some information on the rights of a will beneficiary in NSW, in case you are wondering, “What are my rights as a beneficiary of a will?”

  • As a beneficiary of a will, you have the right to be informed of such. This is the responsibility of the executor of said will. You should also be told the precise entitlement that you will receive.
  • A beneficiary of a will has the right if requested, to receive a copy of the will.
  • The beneficiaries of a will should be kept informed of any delays in the distribution of the estate. All beneficiaries should receive the same information regarding delays and there should be a contact number for you to call, should you need more information.
  • All beneficiaries should receive their entitlement within 12 months of the person’s passing.
  • If the will is challenged, all beneficiaries should be notified by the will executor.
  • The beneficiaries of an estate do have the right to inspect the executor accounts, should they wish to do so. Click here for information about personal injury attorneys and why they are important.

If you are a beneficiary of a will made in NSW, you should be notified by the executor or a local law firm and they will keep you informed as the process unfolds.

Contesting A Will

Whether you are a beneficiary or not, if you feel you have been unfairly treated regarding a deceased person’s estate, you have the right to contest the will. The importance of legal advice cannot be overstated if you want to contest a will; contact a family law firm and let the legal experts hear your story and they are able to give you a professional opinion regarding your chances of success. Of course, it helps if you have evidence, such as a letter written by the deceased person that details their wishes to include you in their will. If, for example, you have a witness to a conversation you had with the deceased person, this might be accepted by a court.

The laws regarding the division of a person’s estate when they die are indeed complex and if you have yet to write a will, this is something to put on your ‘to do’ list. This ensures that your estate is bequeathed to those you select and should you become the beneficiary in a will, you will be contacted by the executor.

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