Will Disputes with Funera Sydney: Streamlining the Complex Journey

Will Disputes with Funera Sydney: Streamlining the Complex Journey

The loss of a loved one is an emotionally taxing experience, and when complications arise surrounding their Will, it adds an extra layer of intricacy. At Funera Sydney, we understand the sentiments involved and stand ready to assist you in navigating the complexities of contesting a Will.

1. Grasping the Concept of Will Contestation

Will contestation unfolds when family members feel unjustly excluded from a Will. In Australia, challenging a Will is legally acceptable under specific circumstances, such as it being egregiously unfair, failing to meet financial needs, or the maker being under undue influence.

2. Unveiling the Root Causes of Will Disputes

Common triggers for disputes encompass inadequate provision, unfulfilled promises, errors in the Will, or the maker lacking mental capacity.

3. Determining the Right to Contest

Eligibility varies, generally encompassing spouses, children, grandchildren, and dependents.

4. Contesting a Parent's Will

Certainly, individuals over 18 (or 25 in some states) can contest if they can demonstrate both a moral duty and financial need.

5. Contesting Due to Dementia

If the deceased lacked mental capacity due to dementia, challenging the validity of the Will is possible.

6. Joint Assets in the 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

Consulting with a solicitor, establishing eligibility, notifying the executor, negotiating, and considering court proceedings if necessary are crucial steps.

8. Courts in Will Challenges

Most cases find resolution outside of court through negotiation or mediation, given the potential costliness of court proceedings. Mediation often proves to be a more feasible alternative.

9. Time Limits: Act Swiftly

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

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

11. Costs of Challenge

Costs fluctuate significantly, spanning from thousands to over $100,000, contingent on the complexity of the case.

12. Legal Costs and Assistance

In family provision cases, successful claimants' costs are typically covered. Some lawyers, including Funera Sydney, offer 'no-win, no-fee' arrangements.

Final Reflections: Seek Timely Legal Guidance

If you believe you've been treated unfairly in a Will, seek legal advice promptly. Understand the process, adhere to timelines, and remember, Funera Sydney is here to provide the support you need.

Connect with Funera Sydney at:

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