Can I contest a Will?
The death of someone close to us is often a difficult and disheartening time and often in such circumstances contesting a Will can and does make things more difficult. However, there are situations where you may believe that you or a loved one ought to be entitled to more from a deceased estate.
Even though the law recognises a person's right to choose who will inherit his or her property, there are often very good reasons a person should consider contesting a Will.
What are some of the reasons for contesting a Will?
1. Maintenance claims
A person who has been left out of a Will, or unfairly provided for can make a claim for a share of a deceased person's estate.
For example you can make a claim for a child that has not been provided for in the Will, or where the deceased did not provide for a de factor partner.
2. Lack of capacity claims
A beneficiary of an earlier Will can challenge a more recent Will if the deceased person did not have the mental capacity to understand what he or she was signing when her or his Will was executed.
3. Undue influence claims
A beneficiary of an earlier Will can challenge a more recent Will if the deceased person was 'unduly influenced' to sign a Will that did not reflect their true wishes.
4. Breach of trust claims
A beneficiary under a Will or trust can apply to a court of competent jurisdiction to remove an executor or trustee who fails to administer a Will or trust properly. The beneficiary can also seek compensation if they suffer financial loss as a result of the executor or trustee's wrongdoing.
How can I defend a Will?
Defending a contested Will can be a challenging task if you are an executor or a beneficiary. However most of our cases involving contested and or defended Wills settle without the need to go to Court.
Will disputes have become very common in Australia, so it’s important that executors are prepared in the event of a challenged or contested Will. If you have been appointed an executor, you are responsible for following a formal legal process to ensure all instructions recorded in the Will are carried out. The laws which govern Wills, trusts and estates are complex and differ across states and territories, making it crucial to seek local legal expertise.
We know and understand the stress that these situations can create, and we will do everything to help you understand your rights and responsibilities and respond accordingly to the challenge.
We are here to help
Our solicitors specialise in Wills & Estates matters throughout the Central Coast, the Hunter Region and Sydney. We have the experience and expertise to guide you through the process from beginning to end to ensure your peace of mind.
If you would like assistance with your Wills & Estates Planning or wish to discuss a matter of concern to you, contact one of our Wills & Estates specialists on 1300 529 444 or fill in our contact form to arrange a free conference with a solicitor today. Contact us now! 24-hour legal advice 7 days a week
More reading -
- Estate Planning
- Power of Attorney
- Enduring Guardian
- Advanced Care Directive
- Estate Administration
- Family Provision Claims
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