Siblings right to inheritance

Would a sibling be entitled to sue for part of an estate left by her only sibling? Will has been made with 2 adult children being beneficiaries. I know from bitter experience that anyone can contest a will.

1. Would such a person be successful in contesting a will even though they had never received any support from the other sibling.
2. Would costs be awarded against the estate? Said sibling has funds.
3. Can a will have a clause stating the sibling should receive no benefit from the estate and give reasons.

 

Not anyone can contest a will. Only 'eligible persons' can contest a will. Under NSW law a sibling isn't an eligible person but a child of the deceased is. If the sibling was dependant this may be different.

A different approach may be to argue the will was invalid and then the interact laws would apply but rare for a sibling to benefit like this. Would need to be no children and no parents or spouse.

3. Yes but should you? It may have little legal benefit.

 

Thanks Terry, what I thought - just wanted to make sure ...

 

How does that make it sure?

 

Nothing in life is for sure ..however, Terry's advice is as good as it gets