Unraveling Will Challenges: Your Quick Guide

Navigating the intricacies of challenging a Will can be an emotional journey, and at Funera Sydney, we recognize the importance of simplifying this process for you during such challenging times.

1. Unveiling the World of Will Contestation

When disputes over a Will emerge, it's crucial to understand what Will contestation entails. In Australia, legal challenges can be pursued if the Will is deemed grossly unfair, fails to meet financial needs, or if the maker was under undue influence.

2. Why the Need for Will Disputes?

Numerous factors can spark disagreements, including insufficient provision, unfulfilled promises, errors in the Will, or doubts regarding the maker's mental capacity.

3. Who Holds the Right to Challenge?

Eligibility varies, encompassing spouses, children, grandchildren, and dependents. The right to challenge is not uniform but generally extends to those directly connected to the deceased.

4. Challenging a Parent's Will

Individuals above 18 (or 25 in specific states) can contest a parent's Will by demonstrating a moral duty and financial need.

5. Contesting in Cases of Dementia

Should the deceased have lacked mental capacity due to dementia, the validity of the Will becomes contestable.

6. The Role of Joint Assets in a Challenge

While the deceased's share in joint property might not automatically become part of the estate, there are exceptions in NSW.

7. Navigating the Challenge Process

Enlist the assistance of a solicitor, establish eligibility, inform the executor, engage in negotiations, and consider court proceedings if necessary.

8. Courts in the Realm of Will Challenges

Most cases find resolution outside the courtroom through negotiation or mediation. Opting for court proceedings can be expensive, making mediation a preferable route.

9. Time Constraints

The time limit for filing a challenge varies by state, spanning from 3 to 12 months. A valid reason may permit a claim outside these limits.

10. Duration of Resolution

Settlements outside court typically take around six months, while a court hearing can extend up to two years.

11. The Financial Landscape of a Challenge

The costs associated with challenging a Will can vary significantly, ranging from thousands to over $100,000, depending on the complexity of the case.

12. Navigating Legal Costs

In family provision cases, successful claimants usually have their costs covered. Some legal professionals offer 'no-win, no-fee' arrangements to ease the financial burden.

In Conclusion, if you find yourself feeling unjustly treated within a Will, seeking prompt legal advice is essential. Familiarise yourself with the process, adhere to timelines, and remember, Funera Sydney is here to offer support.

Contact Funera Sydney at:

Sydney: (02) 9954 6655
Sydney (02) 9954 6655
Newcastle (02) 4955 1110
Wollongong (02) 4243 8755