The passing of a family member can be an emotionally challenging time for those closest to them. During a period such as this, disagreements and conflicts over the distribution of assets can arise, even when there is a legally binding Will in place. Whether you are defending an inheritance or filing a claim for compensation from a testator’s estate, you should always secure the services of highly skilled estate dispute lawyers in Sydney who know how to deal with common Will disagreements easily. Contact The Will Challenge Lawyers today for information on how to contest a Will.
Delay in Applying for Probate
The executor must obtain a grant of Probate before distributing the estate according to the Will. Although there is no legal time frame for this, executors are generally given a year to complete the application. After this period, beneficiaries can apply to the Supreme Court to compel the executor to apply for Probate within a stipulated time period.
Beneficiaries Disagree Over Estate Property
While the distribution of most things can be easily outlined in the Will, assets such as family homes are often the focus of disputes. While one beneficiary may want to keep the property, others may want to sell it in exchange for money. If there are no clear instructions in the Will, the beneficiaries may agree to obtain a valuation for the property conducted by an independent valuer.
Suspicion of Undue Influence
If there is a concern that the testator signed the Will under undue influence, the beneficiaries can initiate an estate dispute in Sydney with the help of lawyers. Undue influence can occur in various forms such as intimidation, blackmail, threats and deception. Such cases are often difficult to prove and strong evidence must be provided to persuade the court.
The Will is Invalid
Sometimes, a Will is considered invalid if it was not prepared correctly. This can happen when people use DIY Will kits or draft a Will without the help of estate dispute lawyers in Sydney. A Will can also be deemed invalid if there is proof of undue influence when it was being drafted.
Legal Services for Will and Estate Disputes in Sydney
Here at The Will Challenge Lawyers, we believe that the best way to prevent disputes is to draft a professionally worded document with the help of legal professionals. However, if you need to contest a Will or defend your inheritance, get in touch with our team of estate dispute lawyers in Sydney today.
