If you’ve been left right out of a Will, or have been unfairly treated in terms of the amount of your inheritance you may be able to make a claim against the estate.
Who can dispute a Will?
In New South Wales the people who may be entitled to claim include people who had a relationship with the deceased such as:
- spouse at the time of death
- defacto or same sex partner
- former spouse
- child of the deceased
- someone who was wholly or partly dependent on the deceased and a member of the deceased’s household
- a person living in a close personal relationship with the deceased
This is a very general guide only so please contact your Local Lawyer & Conveyancer to discuss your particular circumstances.
Is there a time limit?
Yes, there is. You have only 12 months from the date of the death of the testator to make a claim. In certain circumstances, we might be able to obtain an extension of the time limit so please contact your Local Lawyer & Conveyancer to discuss your situation.
What if I don’t believe the Will was valid?
You can challenge a Will if you believe that the will is a forgery or if the person lacked the mental capacity to make a Will. You can also challenge a Will if you believe that undue influence was brought to bear upon the deceased or if there was fraud involved.
How do I make a claim?
First, contact your Local Lawyer & Conveyancer, who can assess the particular circumstances of your claim. If it’s worth continuing we will contact the executors and notify them of your claim. We will then gather evidence, prepare documents and make an offer to the executors. Many claims are settled through negotiation at this stage.
If the matter isn’t resolved then we can lodge documents with the court to initiate proceedings. We can still negotiate and in most cases mediation will be required by the court.
Failing all else, we will proceed to a court hearing wherein the evidence will be presented and the judge will make a decision.
We can 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 to find out more or to arrange a consultation with an experienced estate lawyer at your Local Lawyer & Conveyancer in Laurieton or Wauchope today.