With over 50 years of experience as inheritance dispute lawyers in Sydney, The Will Challenge Lawyers team has provided legal assistance to clients for all types of estate claims. There’s no doubt that challenging a Will can be a complex process, however, there are certain legal grounds on which a successful claim can be made. Join us as we explore some of the scenarios in which filing a Family Provision Claim could be the right decision.
Filing a Will Challenge Claim in Australia
The first step is to determine whether you are eligible to file a claim. Eligibility is determined by succession law in each state and may differ from one location to another. In general, a married spouse, de facto partner or a dependent child (biological or adopted) has a right to contest a Will. Although there are other categories for dependent individuals, it is best to confirm your eligibility with the help of inheritance dispute lawyers in Sydney.
Inadequate Provision
A Will challenge claim can be filed by an eligible person who believes that the testator had an obligation to provide for them in the Will. This is a moral responsibility that is established based on the relationship with the individual and an implied duty to provide for the claimant. Whether or not the claimant receives compensation is based on their age, the nature of the relationship, their earning capacity and other factors.
Need for Financial Assistance
It is the claimant’s responsibility to prove they need financial support. This involves providing details of their salary, assets, sources of income and barriers that may prevent them from finding or maintaining employment.
Undue Influence
One of the most serious allegations against a legally binding Will is that it was made or altered under suspicious circumstances or undue influence. This could include manipulation by certain individuals, threats or deliberate misleading especially when a person is unwell or vulnerable. A Will challenge claim based on undue influence is difficult to prove since the onus is on the claimant to provide strong evidence.
Will Challenge and Inheritance Dispute Lawyers in Sydney
The Will Challenge Lawyers are seasoned experts in inheritance disputes. We know the law and understand what it takes to defend your rights. Contact us today to discuss your case with a team of approachable and experienced lawyers.
