Wills & Estates

NEED WILL DISPUTE LAWYERS IN SYDNEY? OUR SOLICITORS CAN HELP.

Will and estate planning are pivotal to the execution of financial intentions into the future and asset protection.

Unfortunately, this isn’t always a simple process and disputes commonly arise. With a proper estate plan in place, you can determine matters such as control of your personal and financial affairs if you lose capacity and who should benefit from your estate upon your death.

We can provide you with the following services:

• Creating a Will, Power of Attorney or Enduring Guardianship
• Disputing a Will and making Family Provision Claims
• Applying for Probate/Administering an estate

We are also able to guide you through the process of contesting a Will if you feel that you have been unfairly left out of a loved one’s Will. Our Will dispute lawyers in Sydney are well trained in Will and estate law and we’ll be able to help you uncover any legal grounds you may have in contesting the Will. We run these cases on a no-win-no-fee basis, so give us a call for a free consultation on whether you have prospects of success in contesting a Will.

Contesting a Will from Expert Will Dispute Lawyers in Sydney

There’s nothing more shocking than to see the sudden demise of a family member you are close to. However, things can become even more stressful when the Will of the deceased is contested.

When people feel that the estate has been distributed or that they have been left out unfairly, things can be even more difficult to navigate for everyone concerned.

When a deceased’s estate has several interested parties, conflict can arise between the family members. Our will dispute lawyers in Sydney have put together this brief guide to contesting a will so you can make an informed decision.

What Does a Will Dispute Mean?

A Will dispute arises when the family members of the deceased feel they were left out of the Will unfairly or that the estate was not distributed adequately. It’s possible to challenge the contents of a Will provided there is a valid reason. This could depend on an array of aspects known as family provision claims including:

• the financial needs of the family members
• grossly unfair
• if the willmaker did not have the mental capacity to make decisions or was unduly influenced

In any of the above circumstances, you can file a family provision claim on the deceased’s estate. Be sure to get legal advice from experienced will dispute lawyers in Sydney at the earliest when making a claim.

Another possibility is to challenge the validity of a will. This includes aspects like whether the deceased was influenced to provide for certain beneficiaries.

Reasons for Disputing a Will

A will may be disputed for a variety of reasons such as:

• A person was promised that they would be adequately provided for in the estate but this has not happened;
• Appropriate provisions were not made for the person/s named in the will
• An error was made in the will;
• The willmaker did not have the mental capacity to create the will or was influenced unduly.

The Process of Disputing a Will

To make a will dispute claim against the estate of the deceased or to file a family provision claim, be sure to get in touch with our Will and Estate Lawyers in Sydney.

Here are some of the steps to take when disputing a will:

Step 1:

The first step is to assess whether you are eligible to contest a will. In general, the following people are eligible to file a family provision claim:

• A spouse or a former spouse (including a former de facto partner)
• A child and step-child
• A grandchild
• A member of the deceased person’s household
• Dependents

Step 2:

Your Will dispute lawyers in Sydney will, on your behalf, notify the will’s executor (generally through their lawyer) that you intend to contest the will. The executor will not be able to distribute the estate until the time the dispute is settled.

Step 3:

At this stage, both parties could begin negotiations to settle the dispute before the matter reaches the court. If both parties arrive at an amicable resolution, your Will dispute lawyers in Sydney will draw up a formal contract to do protect all the parties.

Step 4:

If the dispute is not resolved unofficially, Court proceedings will commence. A summons, as well as, an affidavit would have to be filed in court, providing any evidence that supports your claim. The summons will then be served upon the executor.

Step 5:

The beneficiaries and the executor of the estate will get an opportunity to defend the claim.

Step 6:

All the parties to the Will must participate in a mediation session to resolve the dispute.

Step 7:

If the dispute is unresolved during mediation, a trial will be scheduled and all the parties to the estate must present their positions before the court during the final hearing. They must illustrate that they have a financial need and hence their claim to the estate is rightful. This need will be measured against the size of the estate.

Step 8:

The judge will look at all the relevant evidence before deciding whether a provision (or a further provision) must be made in the estate. The judge will also decide how the court fees would be paid.

Outlined above are some of the general steps involved in the process of contesting a claim. Depending on the specifics of the case, several more steps may be involved. Your will dispute lawyers in Sydney will provide a clear picture of the process once they know your case in detail.