Is there a time limit on challenging an unfair will?
Yes, there is a time limit for will disputes, but it differs within the regions of Australia. In NSW, in most cases the limit is 12 months. We recommend that you get in touch with us as soon as possible to discuss your claim.
How long is the process for challenging a will?
This is dependent on the individual circumstances of the case, however, it can take 12 – 24 months.
Will my case go to court?
Again, this is dependent on the individual circumstances of the case, however, our specialist will dispute lawyers strive to reach a settlement before heading to court. If a settlement cannot be reached or mediation fails, the case will go to court.
Do I have to live in Australia to contest an Australian will?
Our expert will dispute lawyers in Sydney will work with you to investigate and make a claim. As the will being contested is in Australia, make sure that your claim is lodged within the relevant states time frames. Send us an email and we can provide advice to your individual case.
One of my family members is disputing a will where I am a beneficiary. What should I do?
This is an extremely difficult time for all involved. In this case, it’s best to speak with a specialist will dispute lawyer to protect your inheritance. Our lawyers approach all cases with sensitivity and we do our best to ensure that you understand all aspects of the case without adding stress.
Who can claim against an estate?
There are quite a number of people who can place a claim, but the most common are:
children of the deceased, husband/wife of the deceased, children of the deceased’s husband or wife, people who have been dependent on the deceased (either wholly or partly), are grandchildren of the deceased or if they were part of the household of the deceased person.
How are the legal fees covered for a disputed estate?
Most of the time the legal fees for both sides are taken from the estate.
What if there are multiple wills from the estate?
If you believe that the latest will was made under duress or a misunderstanding, or forged (link to Review suspicious will), we can review them and challenge suspicious wills.
What documentation do I need to have to dispute a will?
Your will challenge lawyer will advise as to the specific documentation relevant to your case, however initially the following documents are a good start:
- A copy of the will.
- A copy of the death certificate, if possible. Alternatively, the date of death of the deceased.
- Overview of relationships to the deceased, relevant family members, beneficiaries of the will.
I didn’t receive what I was bequeathed from a Will, can you help?
If the assets of the estate have been distributed, it can make the claim more difficult, but not impossible. Send us an email or call us today and our friendly estate dispute lawyers can discuss your circumstances with you.