Estate Disputes

The law in Australia recognises that occasionally estate disputes arise when people who would expect to benefit from a will have been inadequately provided for or have been left out entirely. If this is you, and you believe you have been treated unfairly either in an estate dispute or in the terms of a will in New South Wales, you could be eligible to make a claim on the deceased estate.

Making an Estate Claim on an Unfair Will

If you are eligible, you can contest, challenge or dispute a will to achieve an estate dispute resolution if you have been left out or received an unfair portion of the estate in the will. To make an estate claim on a biased will in NSW you need to be classed as an eligible person and either challenge the validity of the will or contest the amount of money the deceased has left you. This way you may receive your fair share of the deceased’s assets.

Reasons to Make an Estate Claim or Dispute

Making an estate claim from a will where you feel you have not been adequately provided for revolves around many factors. These include the kind of relationship you had with the testator (the deceased, or will-maker), the testator’s state of mind when they made the will and whether fraud or coercion was involved in the creation of the will.

Contact your estate dispute solicitors as soon as possible after the will is read since there are time limits in which to lodge estate claims. Mediation in estate disputes is common and estate disputes are usually resolved at mediation prior to turning up at the NSW Supreme Court.

The Family Provision Act

A person can dispute an estate or contest a will in NSW by making a claim under The Family Provision Act. This legislation allows anyone eligible to make a family provision claim. It protects those who are entitled to benefit from a will but have either been left out or have not received adequate provision. In NSW, claims in respect of family provision are made under the Succession Amendment (Family Provision Act) 2008 with similar laws across other Australian states and territories.

Disputes About the Validity of Wills or Entitlements

There are times when disappointed beneficiaries or others, including the executor of a person’s will, challenge the validity of the will in a court of law. The circumstances in which these situations may occur can include:

The testator revoked the will in their lifetime.
The will failed to be executed under Part 2.1 of the Succession Act, 2006.
When two wills are made around the same date.
The testator lacked approval or knowledge of the will.
When it’s a suspicious will and there is reason to believe the testator did not make it or sign it themselves, i.e fraud is involved.
The will is fraudulent or is a forgery and was made under undue pressure.
When doubt is felt about the testator’s mental capacity to make the will that is being disputed or there was undue influence on the will-maker.

Testamentary Capacity, Fraud, and Undue Influence Explained

An example of a will-maker’s lack of testamentary capacity would be if they were suffering from a mental illness or condition such as dementia or Alzheimer’s Disease. It also includes taking medication that would have affected the testator’s judgement when making the will.

A will that is made with undue influence is when a person was tricked into it, subjected to pressure or duress, or given their age or health was placed under a perceived obligation to make the will in a way they may not otherwise have made it. And fraud may be involved if there was a failure to comply with the formal legal requirements necessary when drawing up a will.

Who Can Dispute an Estate or Contest an Unfair Will?

The following people deemed by the court as “eligible persons” who can claim a “family provision order” on the estate of the deceased may include:

Someone who was the spouse of the deceased person at the time of the deceased person’s death.
Someone who lived in a de facto relationship with the will-maker at the time of the deceased’s death.
A child of the deceased person, whether born in a marriage, a de facto relationship or adopted.
A former spouse of the deceased person who was wholly or partly dependent on the deceased person at any particular time.
A grandchild of the deceased person who was a member of the household in which the deceased person lived as a member at the time of death or at any particular time or at any other time.
Anyone who, at the time of the deceased person’s death, was living in a close personal relationship when the deceased person died.

Call the Wills & Disputes Helpline

If you’re involved in an estate dispute and need expert help, whether you’re an executor, beneficiary, or have been left out, call an estate dispute resolution lawyer. At the Wills & Disputes Helpline we can assist you with a wide range of wills and estate challenges, including:

Challenges to the validity of a will.
Challenging contested wills on the grounds of undue influence or a lack of testamentary or mental capacity.
Estate disputes involving the appointment of executors.
Disputes over a will’s intention or the interpretation of the will.
Disputes over asset distribution.
Provisions or lack of provisions to beneficiaries.

Our team of experienced specialist estate lawyers has a wealth of expertise and knowledge in all aspects of family provision claims and estate litigation disputes. We offer the right advice, guidance and representation you need to achieve a fair result either in court, mediation or out-of-court settlements. If you are searching for ‘estate dispute lawyers near me’, contact our estate disputes Sydney office today at 1300 679 222.

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Frequently Asked

Questions

Who can contest a will

In New South Wales, any person who would be entitled to a greater share of the estate if the will were not valid can contest a will. This includes potential beneficiaries, executors, or any other person with an interest in the estate.

When to contest a will

A will can be contested within 6 months of the grant of probate, or letters of administration, or in case of intestacy, within 6 months of the date of death.

How to contest a will

The process of contesting a will in New South Wales, Australia, typically involves filing a Caveat in the Probate registry of the Supreme Court. In case of probate, the next step is to file a Summons for a hearing of the dispute. Our lawyers will assist you throughout the entire process and will represent you in court.

What to expect when contesting a will

When contesting a will, it’s important to be aware that the process can be complex and time-consuming. It’s also important to understand that the outcome is not guaranteed. However, with the help of our experienced lawyers, you can expect clear and honest advice, comprehensive representation and a fair resolution of the dispute.

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.