A Will is a legally binding document that outlines a person’s wishes regarding the distribution of their property upon their passing. Although the details of a properly drafted Will are more or less set in stone, individuals who were close to the deceased and feel that they were not adequately provided for can file a Family Provision Claim with the courts.
In this article, The Will Challenge Lawyers discusses the most common reasons why inheritance disputes may arise after the passing of a loved one. Contact us today for expert legal advice from inheritance dispute lawyers in Sydney.
The Will Does not Reasonably Provide for an Individual
A person who feels they have been left out of the Will, or that they have not been adequately provided for can file a claim with the courts. They must demonstrate a close personal relationship and that they were dependent on the testator to receive compensation from the estate for maintenance, education or advancement. The courts will consider the relationship with the Will-maker, the claimant’s financial status and age before calling for a mediation. If you believe you are entitled to a greater share of an estate, contact our inheritance dispute lawyers in Sydney.
The Will is Thought to be Legally Invalid
A Will challenge can be initiated if the document is thought to be invalid. The courts could declare that a Will is invalid for the following reasons:
- The Will has been drafted incorrectly, which means that it does not follow formal legal requirements
- Undue influence was used to pressure the testator into drafting a Will against their wishes
- It is believed that the testator did not have the required mental capacity to make a valid Will
Undue Delay by Executors in Administering the Will
Executors are required to apply for a grant of Probate before distributing assets. Though executors are usually afforded about 12 months to apply, any delay beyond this period gives beneficiaries the right to file a claim with the court to set a deadline for the executors.
Experienced Will Challenge Lawyers in New South Wales
When it comes to inheritance-related matters, it is best to trust seasoned Will challenge professionals who have a thorough understanding of estate law and New South Wales succession law. Contact The Will Challenge Lawyers today for expert advice on protecting your inheritance.
