Disputing a will can be a complex and emotionally charged process. In Sydney, as in the rest of New South Wales, the Succession Act 2006 governs the legal framework for challenging a will. Whether you believe that the will does not reflect the true intentions of the deceased or that you have been unfairly left out, it’s important to understand your rights and the steps involved.
Grounds for Disputing a Will
There are several grounds on which you can dispute a will in Sydney:
- Lack of Testamentary Capacity: If the deceased lacked the mental capacity to understand the nature of making a will, it can be challenged. This might occur if the deceased had dementia or another condition affecting their cognitive abilities at the time the will was made.
- Undue Influence or Fraud: If the will was made under duress, undue influence, or fraud, it can be disputed. For instance, if someone coerced the deceased into altering their will, this could be grounds for a challenge.
- Failure to Meet Legal Formalities: Contesting a will in Sydney must meet certain legal requirements to be valid. If the will was not signed or witnessed properly, it might be considered invalid.
- Family Provision Claims: Under the Succession Act, certain people, such as spouses, children, or dependents, can make a claim for provision if they feel they have not been adequately provided for in the will.
The Process of Disputing a Will
Contesting a will in Sydney involves several steps:
- Seeking Legal Advice: It’s crucial to consult with a solicitor who specialises in wills and estate law. They can provide guidance on the strength of your case and the likelihood of success.
- Filing a Claim: If advised to proceed, you will need to file a claim in the Supreme Court of New South Wales. This must be done within 12 months of the deceased’s death, although extensions can sometimes be granted.
- Mediation and Court Proceedings: When you dispute a will in Sydney, many cases are often resolved through mediation, where parties attempt to reach an agreement without going to court. If mediation fails, the case will go to court, where a judge will make a decision.
Seeking Legal Assistance
Given the complexity of disputing a will, professional legal advice is essential. A solicitor can help navigate how to dispute a will in Sydney, gather necessary evidence, and represent your interests effectively. Understanding your rights and the legal framework is the first step towards resolving any disputes and ensuring that the deceased’s true intentions are honoured.
The Will Challenge Lawyers are experts at contesting a will in Sydney, we provide sound advice to guide you through legal processes that can often be challenging. Get in touch with our team today to learn more.
