A death is often a very stressful time in the lives of the people who loved the deceased. This is further exacerbated if you feel you have been inadequately provided for in a will. The Will Challenge Lawyers in Sydney understand your concerns. We have the experience and legal knowledge required to successfully challenge wills that may be unfair. The first thing that most of our clients want to know is who can challenge a will. Read on to learn more from The Will Challenge Lawyers.

Who Can Challenge a Will?

Quite a few people can potentially challenge a will if they feel they have not been adequately provided for. By law, the following people may be eligible to challenge a will:

  • children of the deceased
  • spouse of the deceased
  • ex-spouse of the deceased
  • someone who had been dependent on and lived with the deceased
  • grandchildren, if they were dependent on the deceased
  • those who were part of the deceased’s household and dependent

You may be eligible if you expected to be named as a beneficiary in a will but are not, or you have been named but your share is unreasonably small.

When Disputing a Will, What Else May the Court Consider?

Typically, there is other evidence the court will need to consider when deciding if a will dispute is legitimate. These may include the following:

  • the size of the deceased’s estate
  • the deceased’s obligations to the applicant
  • the duration of the relationship with the deceased
  • the applicant’s age
  • ways in which the applicant contributed to improving the estate of the deceased
  • financial needs of the applicant

In addition to the above, there are usually other considerations to be made by both the court and the applicant in determining the outcome of the dispute. For this reason, it is imperative to enlist the assistance of those experienced in dealing with will disputes.

Your Specialist Will Dispute Lawyer

The Will Challenge Lawyers is a division of Fox & Staniland, established almost half a century ago. We are trusted advisors to our clients in matters of wills, probate, estate administration and challenges to wills and claims against estates. Ask us about our no-win, no-fee offer.

 

If you’re thinking of disputing a will because you feel it is unfair to you, call The Will Challenge Lawyers in Sydney on 1800 098 113 to request a consultation.

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