Inheriting assets from a loved one can sometimes be a lengthy process, especially when disputes arise over the distribution of the estate. Will challenges and contesting an inheritance in Sydney involves a structured legal process that requires careful consideration and understanding of the applicable laws. Here is a step-by-step guide to help you navigate this complex journey.
Determine Your Eligibility
To contest an inheritance in Sydney, you must first establish your eligibility. According to the Succession Act 2006 (NSW), eligible persons include the deceased’s spouse, de facto partner, children, former spouse, or anyone financially dependent on the deceased. If you fall into one of these categories, you can proceed with your claim.
Establish Grounds for Contesting
Contesting an inheritance typically requires valid legal grounds. Seeking advice from inheritance dispute lawyers in Sydney can help establish these grounds, common reasons can include:
- Inadequate Provision: Arguing that the will does not make adequate provision for your maintenance and support.
- Testamentary Capacity: Will challenge on the basis that the deceased did not have the mental capacity to make a valid will.
- Undue Influence: Claiming that the deceased was coerced or unduly influenced into making certain provisions in their will.
- Fraud or Forgery: Asserting that the will was altered or forged.
Consult a Legal Expert
Engaging inheritance dispute lawyers in Sydney is crucial. They can provide tailored advice, help you gather necessary evidence, and represent you in court. An experienced lawyer will evaluate the strengths and weaknesses of your case and guide you through the legal procedures.
File a Family Provision Claim
If your will challenge is based on inadequate provision, you will need to file a Family Provision Claim in the Supreme Court of New South Wales. This claim must be lodged within 12 months of the deceased’s death, although exceptions can be made in certain circumstances.
Mediation and Court Proceedings
Often, disputes are resolved through mediation, where all parties come together to negotiate a settlement. If mediation fails, the case proceeds to court. The court will then consider various factors, such as the size of the estate, your financial needs, and your relationship with the deceased, before making a decision.
Await the Court’s Decision
The court’s decision is final and binding. If the ruling is in your favour, the will may be adjusted to provide for your claim. If not, you may have to bear the legal costs and accept the original terms of the will.
By understanding the legal framework and seeking professional guidance from inheritance dispute lawyers in Sydney, you can navigate this path more effectively to ensure your rights are protected, speak with the team at The Will Challenge Lawyers today.
