Will Disputes
When there’s a death in the family, emotions understandably run high. At the NSW Wills & Disputes Helpline, a will dispute lawyer understands how hard it can be when dealing with the death of a family member or friend. The last thing you need is the stress of a will dispute and estate litigation after a deceased’s death.
Will Dispute Lawyers In Sydney
Being left out of a will when you expect to be adequately provided for from the deceased estate of a loved one is heartbreaking. But the law in New South Wales gives those who are left out of a will (or were unfairly provided for) the chance to challenge either the will, a grant of Letters of Administration or a grant of Probate through a Family Provision claim.
At the NSW Wills & Disputes Helpline in Sydney, we have will dispute lawyers with extensive experience to help you, so contact us today.
Family Provision Claims Will Dispute Lawyer
Family provision claims are legal proceedings heard in the NSW Supreme Court in Sydney or during a negotiated settlement in Mediation. If you feel you should have been included in a will or received an adequate provision, you can make a family provision claim.
- If you are deemed an eligible person.
- If you have been left out of a will.
- If you didn’t receive what you expected from the deceased’s estate.
At Wills & Estate Disputes a will dispute lawyer can help you every step of the way so your family provision claim has every chance of success.
Grounds For Disputing A Will
There are two main grounds for contesting a will in NSW. First, the will is not valid legally, and second, as mentioned above, when a person feels they have been unfairly excluded from a loved one’s will.
To contest a will you need to find out if it was a valid will. The court will determine the validity by resolving the following situations:
- Is it the last will of the will-maker?
- Was the will written adhering to all legal requirements?
- Was it written down, signed by the will-maker and witnessed by two people not named as beneficiaries?
- Was the will-make of sound mind, i.e., did they have testamentary capacity and an understanding of the implications of signing the will?
- Was there any undue influence on the will-maker when the will document was drawn up?
- Was the will changed or altered in any way after the will-maker signed it?
Will Disputes Over Testamentary Capacity
Many people believe when a person is not of sound mind (for example if someone has been diagnosed with any form of Dementia) they do not have testamentary capacity and therefore cannot make a valid will. However, this is not always the case. There are four questions the court will ask to determine whether the testator (will-maker) had testamentary capacity. These are:
- Was the testator or will-maker aware enough to appreciate the significance of the will?
- Was the testator aware of the value and nature of their estate?
- Did the testator know who would reasonably be thought to have a claim to their estate?
- The court will then decide whether the testator had the capacity to distinguish the strength of these claims.
Will Disputes Over Undue Influence
When a will-maker is pressured by another person to write the will in a way that goes against their true wishes it is deemed undue influence. It usually occurs when someone tries to coerce the testator to include them as a beneficiary.
The methods used to coerce or influence a will-maker include violence, flattery, blackmail, deception or trickery. The burden of proof in an undue influence claim is on the accuser and evidence can consist of any witnesses to such coercion at the will signing.
Other evidence can include the whole estate left to one person, especially if the testator’s family and friends don’t know this person. Another area of evidence is where the will is significantly different to any previous wills written by the will-maker.
Contesting a will in Australia due to undue influence can be hard to prove.
Will Disputes Over Suspicious Circumstances
Will disputes case studies have revealed that those made in suspicious circumstances may be grounds to contest it in a court hearing. The court will view the circumstances surrounding the making of the will to ensure the deceased approved of it and knew what it contained.
Wills prepared by a solicitor are assumed non-suspicious in most cases. However, the onus of proof of a suspect will fall on whoever is attempting to uphold it.
Suspicious will cases that have appeared in courts include:
- A child is disinherited when no change in the relationship or estrangement has occurred.
- An unexplained, significant change has been made in dividing the estate.
- There is suspicious behaviour by beneficiaries towards people named in a previous will but who were disinherited.
- The will was prepared by someone other than the person who has died.
The Costs Of Disputing A Will
Before you decide on disputing a will you need legal advice and an awareness that legal costs are only sometimes paid by the estate. At Wills & Estate Disputes, our lawyers will help you to make sure you have a good case before making a family provision application.
Will Dispute Lawyers Near Me
The NSW Wills & Estate Disputes Helpline team of experienced will dispute lawyers in Sydney has a wealth of experience and knowledge about contesting a will for a fair outcome. Get in touch with our dispute lawyers today at 1300 679 222.
Get in touch
Let us know know about your requirements
NSW Wills & Estates Helpline can be contacted on 1300 679 222. Our helpline reps are well versed in all things related to Will & Estate disputes. If there is an issue we can’t answer over the phone, we have access to a mountain of resources so that we can call you back within the day to provide answers.
Due to time differences across states, we recommend leaving a voicemail if your call is not answered. We promise to return your call within the day taking note of time differences.
Our phone helpline is manned Monday to Friday, 8.30am – 5.00pm (AEST). Our Facebook social media page is manned 7 days a week and we respond to direct messages quickly. In fact, most of our enquiries come via Facebook private chat.
