Funera Speed Run: Decoding Will Contestation
FUNERA SPEED RUN: DECODING WILL CONTESTATION
Losing a loved one is tough, and when disputes over their Will arise, it adds another layer of complexity. At Funera Sydney, we understand the emotions involved, and we're here to simplify the process of challenging a Will.
Losing a loved one is tough, and when disputes over their Will arise, it adds another layer of complexity. At Funera Sydney, we understand the emotions involved, and we're here to simplify the process of challenging a Will.
1. WHAT'S WILL CONTESTATION?
It happens when family members feel unfairly left out of a Will. In Australia, you can legally challenge a Will if there's a good reason, like it being grossly unfair, not meeting financial needs, or the maker being under undue influence.
It happens when family members feel unfairly left out of a Will. In Australia, you can legally challenge a Will if there's a good reason, like it being grossly unfair, not meeting financial needs, or the maker being under undue influence.
2. WHY WILL DISPUTES?
Common reasons include not enough provision, unfulfilled promises, errors in the Will, or the maker lacking mental capacity.
Common reasons include not enough provision, unfulfilled promises, errors in the Will, or the maker lacking mental capacity.
3. WHO CAN CHALLENGE?
Eligibility varies but generally includes spouses, children, grandchildren, and dependents.
Eligibility varies but generally includes spouses, children, grandchildren, and dependents.
4. CONTESTING A PARENT'S WILL
Yes, you can if you're over 18 (or 25 in some states) and can show a moral duty and financial need.
Yes, you can if you're over 18 (or 25 in some states) and can show a moral duty and financial need.
5. CONTESTING DUE TO DEMENTIA
If the deceased lacked mental capacity due to dementia, the Will's validity can be challenged.
If the deceased lacked mental capacity due to dementia, the Will's validity can be challenged.
6. JOINT ASSETS IN CHALLENGE
The deceased's share in joint property might not be part of the estate, but exceptions apply in NSW.
The deceased's share in joint property might not be part of the estate, but exceptions apply in NSW.
7. NAVIGATING THE PROCESS
Consult a solicitor, determine eligibility, notify the executor, negotiate, and consider court proceedings if needed.
Consult a solicitor, determine eligibility, notify the executor, negotiate, and consider court proceedings if needed.
8. COURTS IN WILL CHALLENGES
Most settle outside court through negotiation or mediation. Going to court is costly, so try settling through mediation.
Most settle outside court through negotiation or mediation. Going to court is costly, so try settling through mediation.
9. TIME LIMITS
Varies by state, ranging from 3 to 12 months. A good reason may allow a claim outside these limits.
Varies by state, ranging from 3 to 12 months. A good reason may allow a claim outside these limits.
10. DURATION OF RESOLUTION
Around six months for settlements outside court, up to two years for a court hearing.
Around six months for settlements outside court, up to two years for a court hearing.
11. COSTS OF CHALLENGE
Costs vary, ranging from thousands to over $100,000 based on case complexity.
Costs vary, ranging from thousands to over $100,000 based on case complexity.
12. LEGAL COSTS
In family provision cases, the claimant's costs are usually covered if successful. Some lawyers offer 'no-win, no-fee' arrangements.
In family provision cases, the claimant's costs are usually covered if successful. Some lawyers offer 'no-win, no-fee' arrangements.
FINAL THOUGHTS
If you feel unfairly treated in a Will, seek legal advice promptly. Understand the process, act within timelines, and remember, Funera Sydney is here to support you.
If you feel unfairly treated in a Will, seek legal advice promptly. Understand the process, act within timelines, and remember, Funera Sydney is here to support you.
CONTACT FUNERA SYDNEY AT:
- Sydney: (02) 9954 6655
- Sydney (02) 9954 6655
- Newcastle (02) 4955 1110
- Wollongong (02) 4243 8755