Navigating Will Challenges with Funera Sydney: A Guide to Simplifying a Complex Process
Navigating Will Challenges with Funera Sydney: A Guide to Simplifying a Complex Process
Losing a loved one is undoubtedly challenging, and when disputes over their Will arise, it adds another layer of complexity. At Funera Sydney, we empathize with the emotions involved, and we're here to guide you through the process of challenging a Will.
1. Understanding Will Contestation
Will contestation occurs when family members feel unfairly excluded from a Will. In Australia, challenging a Will is legally permissible under certain circumstances, such as it being grossly unfair, failing to meet financial needs, or the maker being under undue influence.
2. Unraveling the Reasons Behind Will Disputes
Common reasons for disputes include inadequate provision, unfulfilled promises, errors in the Will, or the maker lacking mental capacity.
3. Who Holds the Right to Challenge?
Eligibility varies, generally extending to spouses, children, grandchildren, and dependents.
4. Contesting a Parent's Will
Yes, you can contest if you're over 18 (or 25 in some states) and can demonstrate both a moral duty and financial need.
5. Contesting Due to Dementia
If the deceased lacked mental capacity due to dementia, the validity of the Will can be challenged.
6. Joint Assets in Challenge
While the deceased's share in joint property might not be part of the estate, exceptions apply in NSW.
7. Navigating the Challenge Process
Seek advice from a solicitor, determine eligibility, notify the executor, negotiate, and consider court proceedings if necessary.
8. Courts in Will Challenges
Most cases are resolved outside court through negotiation or mediation, as court proceedings can be costly. Mediation is often a more viable option.
9. Time Limits: Act Promptly
Time limits vary by state, ranging from 3 to 12 months. However, a valid reason may allow a claim outside these limits.
10. Duration of Resolution
Expect settlements outside court to take around six months, while a court hearing may extend up to two years.
11. Costs of Challenge
Costs vary significantly, ranging from thousands to over $100,000 based on case complexity.
12. Legal Costs and Support
In family provision cases, the claimant's costs are typically covered if successful. Some lawyers, including Funera Sydney, offer 'no-win, no-fee' arrangements.
Final Thoughts: Seek Timely Legal Advice
If you believe you've been unfairly treated in a Will, seek legal advice promptly. Understand the process, act within timelines, and remember, Funera Sydney is here to provide the support you need.
Contact Funera Sydney at:
- Sydney: (02) 9954 6655 | (02) 9954 6655
- Newcastle: (02) 4955 1110
- Wollongong: (02) 4243 8755