That is a very interesting question and one that depends on several things. In NSW, an Act of Parliament called the Succession Act, 2006, sets
There is something about Wills that sometimes brings out the worst side of human nature. Wills have the power to divide even the closest of
There are two types of challenges that an experienced Deceased Estate Lawyer will advise may be made against Wills:
The first type is a challenge that the Will is invalid because the person who made the Will lacked legal capacity at the time, or was coerced by someone into making that particular Will.
The second type of challenge is known as a Family Provision Act Claim.
Your Will Dispute Lawyer will use over 40 years experience as an Estate Inheritance Lawyer to guide you through deciding which of these your possible claim falls under, and explain everything to you in terms of what will need to be proven to negotiate a settlement for you or win your case in court.
You can relax knowing that truly experienced Lawyers for Will Disputes know these cases seldom ever actually go to court…so it’s very unlikely you will have to attend Court and give your side of the story (your “evidence”).
Time limits to act…
There are no time limits to challenge a Will on the grounds of it being invalid.
There is a limitation period of 12 months for commencement of Court proceedings for a Family Provision claim, and this period is calculated from the date of death of the deceased.
Have you been left out of a Will or want to leave someone out of your Will? It is important to seek expert legal advice from a Will Contest Lawyer having deep experience in Contested Wills. Will Dispute Lawyers are highly experienced in Challenging Wills or defending Wills from Challenge.
These types of matters are handled on a No-Win-No-Fee basis, so don’t let any worries about fees hold you back from acting now and getting in contact. Get the ball rolling to find out from a trusted expert exactly where you stand.
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Although a Court will not re-write a person’s Will, it can alter a deceased person’s Will in favour of an “eligible person” in the right circumstances.
Normally an eligible person would have to be one of these:
The deceased’s spouse, child, grandchild, or a person who was living in the deceased’s household.
Experienced Will Dispute Lawyers are able to advise you which category you may fall in.
However, just being an “eligible person” is not enough to succeed in a claim against an Estate.
The person challenging the Will must also prove that the provision left for them under the Will, if any, is inadequate for their proper maintenance, education and advancement in life.
The law requires that the person must also prove they have a “financial need”, and the deceased had a moral obligation to make provision for that need.
Family Provision claims must first be mediated before a Registrar to attempt to settle the claim out of Court. Settlement rates for these types of cases are very high, so the chances of having to actually go to a Court hearing are low.
The all-important mediation is not a casual affair simply because it is not a Court hearing.
It is important that you have the assistance of an experienced Will Dispute Lawyer to attend this mediation with you, so your argument for further provision from the Estate is put as thoroughly and forcefully as possible to maximise your chances of a good outcome.
If the Registrar decides that you have been left without adequate provision it will then consider what provision should be made for your maintenance, education and advancement in life. The Court will consider such matters as the size of the estate, your financial, and other, needs and circumstances, and the circumstances of any other beneficiaries of the estate.
The Court will also consider whether the deceased had a moral duty to make provision for you, and whether there has been any negative conduct that may reduce the claim by you for further provision.
There are many matters to be looked at if you are considering making a Family Provision claim and your Will Dispute Lawyer will carry out a thorough investigation before commencing any proceedings for you.mIt always pays to get advice from an expert Will Dispute Lawyer experienced in these kinds of cases. We have been helping people of the Central Coast with their Will Dispute Matters for over 40 years, so you know you have a trusted expert at your side.
Our No-Win-No-Fee approach also ensures that your experienced lawyer will tell it to you as it is, fully informing you so you are not misled as to your chances of success. We have no interest in leading you along chasing an un-winnable case, and will explain fully where you stand.
On 20th November 2023, our office will relocate to Suites 5 & 6, Fountain Plaza, 148-158 Central Coast Highway, Erina.
Our telephone number, email address & website willl remain unchanged.