Unlocking Will Challenges with Funera Sydney: Your Quick Guide
Unlocking Will Challenges with Funera Sydney: Your Quick Guide
Losing a loved one is hard, and when Will disputes arise, Funera Sydney is here to help simplify things.
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What's Will Contestation?
- Happens when family feels unfairly left out.
- In Australia, legally challenge a Will if it's grossly unfair, doesn't meet financial needs, or under undue influence.
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Why Will Disputes?
- Common reasons: not enough provision, unfulfilled promises, errors in the Will, or the maker lacking mental capacity.
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Who Can Challenge?
- Includes spouses, children, grandchildren, and dependents.
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Contesting a Parent's Will
- Possible if you're over 18 (or 25 in some states) and show a moral duty and financial need.
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Contesting Due to Dementia
- If the deceased lacked mental capacity due to dementia, challenge the Will's validity.
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Joint Assets in Challenge
- Deceased's share in joint property might not be part of the estate, but exceptions apply in NSW.
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Navigating the Process
- Consult a solicitor, determine eligibility, notify the executor, negotiate, and consider court proceedings if needed.
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Courts in Will Challenges
- Most settle outside court through negotiation or mediation. Going to court is costly, so try settling through mediation.
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Time Limits
- Varies by state, ranging from 3 to 12 months. A valid reason may allow a claim outside these limits.
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Duration of Resolution
- Around six months for settlements outside court, up to two years for a court hearing.
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Costs of Challenge
- Costs vary based on case complexity, ranging from thousands to over £100,000.
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Legal Costs
- In family provision cases, claimant's costs are usually covered if successful. Some lawyers offer 'no-win, no-fee' arrangements.
In Conclusion: Guiding You Through the Process
If you feel unfairly treated in a Will, seek legal advice promptly. Understand the process, adhere to timelines, and remember, Funera Sydney is here to provide compassionate support.
Contact Funera Sydney:
- Sydney: (02) 9954 6655
- Sydney (02) 9954 6655
- Newcastle (02) 4955 1110
- Wollongong (02) 4243 8755