The death of a loved one is an extremely challenging time, especially if you feel you have been unfairly treated in the Will. In these instances, there may be options for disputing a Will and making a formal claim against the estate under the Succession Act 2006 (NSW).
Do I have the right to dispute a Will?
Although it varies from state to state, there are many circumstances and relationships that may create a right to dispute a Will. They may have been closely related to the deceased or someone who was wholly or partly financially dependent on the deceased.
There is a strict time limit in some states about making a claim to dispute a Will. In NSW, you only have 12 months from the date of death to make a claim on an individual’s Will, so it is vital to contact a lawyer as soon as possible.
What are some reasons for disputing a Will?
Some common reasons for disputing a Will include:
- belief that the person in question lacked the mental capacity to make a valid Will,
- belief that undue influence was brought upon the deceased to alter their Will,
- belief of the involvement of fraud, or
- being unfairly left out of a Will.
What’s involved in disputing a Will?
A lawyer will assess your claim and advise you on whether it is worth continuing. From there, the executors of the Will are contacted and notified of your claim. Empower Law Group will then gather evidence, prepare documentation to support your case, and in appropriate circumstances, bring a claim against the estate.
If the dispute is not settled during mediation, the matter then proceeds to a court hearing, where the final decision rests with the judge after all the evidence has been presented.
Empower Law Group is here to help. At every stage of contesting or challenging a Will, it’s important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly court fees, but if it comes down to court we also have the skills to fight on your behalf.
Contact us now for a free initial consultation on 1300 414 844 or via the enquiry form below.