Before you file a claim to dispute a Will in Sydney, it is important to understand the process and the various requirements outlined by the courts in New South Wales. A claimant must first confirm whether they are eligible to contest the Will, establish the grounds for a challenge, agree to a court-appointed mediation and lastly, understand the consequences of a court decision should the mediation fail.
It’s no wonder that a Will dispute requires highly experienced lawyers who know how to navigate this nuanced process. In this blog, The Will Challenge Lawyers provides readers with a step-by-step guide on how to contest an estate.
Step 1: Establish Eligibility
The first step when contesting a Will in Sydney is checking whether you are eligible to do so. If you are a married spouse, de facto partner, child, cohabitant or someone who was sufficiently dependent on the deceased, you may be eligible to file a claim, although this may differ slightly from state to state. We recommend consulting with a lawyer to confirm your eligibility before initiating a Family Provisions Claim.
Step 2: Review the Will
If you are eligible and want to dispute a Will in Sydney, the next step is to request a copy of the Will for review. This will allow you to study its contents, and understand the size of the estate and distribution of assets. It is recommended that you hire a solicitor with experience in estate law so that the legal language can be clearly understood.
Step 3: Establish Grounds To Contest the Will
Contesting a Will in Sydney requires that the claimant establish that the testator had a responsibility to provide for them, or has failed to adequately provide financial support. In addition, the claimant must demonstrate that they need support.
Step 4: Settlement and Trial
Before the matter is decided by a court, a mediation is arranged so that the parties can reach a settlement. Both parties are entitled to legal representation and the mediation is carried out under conditions suitable to all involved. Ideally, a settlement out of court is the best way to resolve a claim, however, if no agreement is reached, the courts will make their decision based on state succession law and several other factors that could go against the claimant.
Legal Representation for Inheritance Dispute Claims
While the option to dispute a Will in Sydney is available for some time after a person’s death, the process can be emotionally draining. However, with the right lawyers by your side, you can greatly improve your chances of success. Contact The Will Challenge Lawyers today to challenge or defend a Will.
