Will disputes can be a complex and emotionally draining experience. However, the legal process in New South Wales provides a sound framework for claimants to use.
With the help of an experienced Will dispute lawyer in Sydney, you can navigate the legal process to secure an appropriate outcome. Contact The Will Challenge Lawyers today for more information on how to prepare when contesting a Will.
Grounds for Contesting a Will in New South Wales
In New South Wales, a Will dispute claim can be filed if:
- The deceased was a New South Wales resident who owned property within the state
- The Will is considered to be invalid, signed under suspicious circumstances or incomplete.
- The claimant can provide evidence that the deceased intended to provide for them. This can include text messages, letters and statements that will be used, in combination with other factors, to determine whether the estate needs to provide for the claimant.
Not sure whether you are eligible to contest a Will? Contact us today to consult with a Will dispute lawyer in Sydney.
Legal Process for Disputing a Will in Sydney
Disputing a Will in Sydney can be a complicated experience best navigated with a trained lawyer’s help. Here’s how the process works in New South Wales:
- Claims can be filed for up to 12 months after the date of the testator’s passing
- The first step is to try and negotiate with the other parties to find a resolution
- Upon agreement, a formal document is created that outlines the terms of the agreement
- If a resolution cannot be reached, the claimant will gather evidence supporting their claim and file it with the courts
- A neutral mediator is appointed to try and explore potential solutions
- If the dispute is still unresolved, the case is brought before a judge to determine the outcome based on evidence
Contact a professional Will dispute lawyer in Sydney today to understand the nuances of this process in greater detail.
Factors That Affect Compensation
The amount of compensation awarded after disputing a will in Sydney is based on the following factors:
- The claimant’s contribution to the wealth of the estate
- The claimant’s character and conduct.
- Gifts or transfers made to the claimant by the deceased
- Net value of the estate
Professional Legal Assistance for Disputing a Will in Sydney
Whether you are contesting a Will that is unfair or require assistance to defend your inheritance, The Will Challenge Lawyers know the law and your rights. Contact us today to file a claim.