The passing of a loved one can be a time of emotional upheaval for all those who were close to them. Unfortunately, this time of mourning is often closely followed by the need to finalise and distribute the assets and possessions they leave behind. During this process, it is not uncommon for certain individuals to feel that they have not been adequately provided for in the Will, or that the testator was subject to undue influence when signing the Will.
In such cases, a Family Provision Claim can be filed to request a greater share of the inheritance, or a challenge to determine the validity of the Will itself. In this article, The Will Challenge Lawyers explains inheritance disputes and the Will challenge process in New South Wales.
Are You Eligible to File a Will Challenge?
Under the Succession Act 2006 (NSW), Chapter 3 (Family Provision), the following people are eligible to file a Will challenge:
- A spouse married to the deceased at the time of death, which also includes a de facto partner
- Children including adopted as well as artificially conceived children
- Stepchildren who lived with the deceased and can prove that they were dependent on the deceased
- Former spouses
- Any person who was fully and partially dependent on the deceased and lived with the deceased or was the deceased’s grandchild.
What is a Family Provision Claim?
A Family Provision Claim is filed with the Supreme Court by persons who feel they deserve a larger portion of a deceased person’s estate. However, before the Court grants the claimant any portion of the estate, the parties involved must agree to a mediation.
Types of Inheritance Disputes
As experienced inheritance dispute lawyers in Sydney, these are the most common disputes we assist clients with:
- The executor of the Will is delaying the application for Probate for the distribution of assets
- Beneficiaries disagree over the distribution of assets
- Suspicion of undue influence over the testator when the Will was signed
- Poorly worded or ambiguous Will that does not clearly outline the deceased’s wishes.
How Does Mediation Work?
Mediation offers the parties a chance to reach an agreement before the matter is decided by the Court. During this process, both parties are entitled to a lawyer and an unbiased mediator to negotiate.
If the mediation is unsuccessful, the claim goes to Court where various factors are considered before a final judgement is made.
Highly-Experienced Inheritance Dispute Lawyers in Sydney
If you believe that you are entitled to a greater share of an estate, or need legal assistance with defending a Will, contact The Will Challenge Lawyers to consult with inheritance dispute lawyers in Sydney today.