PROBATE AND WILL DISPUTES – SYDNEY PROBATE LAWYER
Probate & Will Disputes – A will is a formal legal document setting out who inherits the will-maker’s assets once they die. The law recognises that a person has a right to decide who they want to inherit their assets. However, a will may be contested on a variety of grounds, including:
- The will was not an accurate reflection of the will-maker’s intentions; or
- There is a question as to the validity of the will; or
- There had been inadequate provision made for someone the deceased should have provided for.
A will may be contested or challenged by a ‘Family Provision’ claim being made against the estate. Family Provision claims seek to prove that the deceased did not provide adequate provision for the applicant’s proper maintenance, education and/or advancement in life. However, only certain people are eligible make a Family Provision claim. ‘Eligible persons’ include the deceased’s:
- husband or wife
- spouse or de facto partner
- former spouse or a person who was dependent on the deceased during their lifetime (i.e. a grandchild)
- a person who was in a close personal relationship with the deceased at the time of death
Other grounds that challenge the validity of a will include:
- the will being prepared in circumstances where the will-maker lacked testamentary capacity
- if there was undue influence, fraud or duress exercised over the will-maker
- if the document was not properly signed and witnessed, or prepared in suspicious circumstances, such as to cast doubt as to whether it was the genuine will of the deceased
Probate & Will Disputes Estate Ligitigation
In NSW there is a statutory limitation period of 12 months from the date of death of the deceased to make a Family Provision application against the estate. Accordingly, if you are considering contesting a will, or want to know if you are eligible to do so, or are an executor defending the will, it is essential to obtain expert legal advice as soon as possible in order to preserve your rights.
Call the Sydney Probate Lawyers today on (02) 9221 2779 or email us at email@example.com to make an obligation free 20-minute appointment with our expert legal team to discuss your claim. We offer “No Win No Fee” on disputes, so ask about our policies.