Disputes over the distribution of a deceased person’s assets can become particularly complicated. This is particularly common in large families, even when the Will clearly states how the estate is to be divided. To prevent such matters from dragging on and causing everyone involved more emotional distress, the legal system in New South Wales prescribes mediation before the claim is presented before the Courts. Before you file a claim, the team at The Will Challenge Lawyers recommends informing yourself about the most common reasons why someone might dispute a Will in Sydney.
Beneficiaries Disagree on Property Disposal
Simply put, the disagreement is usually over whether an asset should be retained or sold for money. In these situations, the beneficiaries who want to keep the asset could buy it from the other parties provided an independent valuation is deemed satisfactory to everyone involved. If you choose to dispute a Will in Sydney on these grounds, expect the Courts to order mediation in the hope that the parties involved can reach an amicable settlement.
Undue Delay by Executor
The executor appointed to administer the Will has a responsibility to apply for Probate before the assets can be distributed. In New South Wales, it is commonly accepted that the executor should be given a period of 12 months after the death of the deceased. However, further delay could lead to beneficiaries seeking a court order that compels the executor to obtain a grant of probate within a stipulated period of time.
Undue Influence on Testator
Accusations of undue influence over the testator are serious and require significant evidence. The claim is that the deceased individual was coerced, threatened or pressured into signing a Will against their wishes. When contesting a will in Sydney on these grounds, claimants must provide clear, unambiguous evidence of manipulation.
Alleged Unauthorised Transaction of Assets
Beneficiaries can file a claim stating that financial power of attorney was misused to transfer assets against the testator’s wishes. This could include the unauthorised transfer of funds from an account or the sale of property to alter the true value of the estate.
Legal Representation for Defending or Contesting a Will in Sydney
The Will Challenge Lawyers are here to help individuals who want to dispute a Will in Sydney. Contact us today for a wide range of estate dispute services.
