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Home Contesting a Will

Contesting a Will - Will Disputes

will disputesContesting a Will is indeed a tough decision. When your loved one dies, it is always a very hard time. It is even more distressing to realize that you haven't been left a justified inheritance. Well' this is the time when Sydney City Legal can assist you in lodging a claim and contesting a Will.

If you find the Will unjustified, or you have been excluded from your ancestor’s, property, you might get into contesting that legal documentation about the distribution of the deceased estate if:

  • you were completely dependant upon the deceased
  • your portion of the wealth is not sufficient enough for your support and maintenance
  • your liaison with the deceased instigated only when the most recent Will was prepared.
  • you consider that the Will is shockingly inequitable
  • you can explain that the Will creator was not in sound mental state when he/she prepared a Will
  • you can explain that the Will creator was excessively induced by one or more of the recipients, or
  • the Will is totally blurred and ambiguous.

If any of your loved one dies without leaving a Will, you can lodge a claim to make sure that you get a rational part of the property. There is no preset imperative about who can and can not dispute a Will in Australia. You ought to have had proximity with the deceased; however it does not imply you have to have been linked.

Is there any time limit?

will dispute lawyersOf course, there is a time limit. You have just 12 months starting from the death date to lodge a claim. In some events, we might be capable of obtaining an extension of the cut-off date so just contact us and consult a Will disputes lawyer if you want to talk about your condition.

Let's say I don't believe the Will was legitimate, now what?

You can get into contesting the legal documentation about the distribution of the deceased estate, if you think that the Will is a counterfeit or if the individual lacked the mental aptitude to create a legal documentation about the distribution of his/her estate. Also, if you think that excessive manipulation was bought to abide by the deceased or if there was any scam involved.

How do I lodge a claim?

Initiate with contacting a Will disputes lawyer who can evaluate your claim and converse the scrupulous conditions of you claim. If it is worth going on with, we will get in touch with the executors and inform them about your claim. After that, we will collect all the possible evidences, get all the documents ready and present them with the executors. Most of the claims are resolved through negotiation at this point.

However, if it isn't then we lodge all the collected evidence and documents with the court to begin with the proceedings. We can still discuss and try to settle down the dispute and in several cases intervention will become essential by the court.

Failing all else, we will then carry on with the court hearing where all the documents and evidence will be granted and the judge will come to a decision.