The Will Challenge Lawyers have over 50 years of experience in Sydney estate disputes, and throughout our time, we have seen it all. From suspicions of forgery and coercion to contested claims by extended family members, there is a whole range of possibilities when it comes to estate administration.
We understand the legal, financial and emotional implications of will, estate, and inheritance disputes, which is why we are here to help navigate challenging circumstances and seek justice. In this post, our estate dispute lawyers in Sydney discuss five of the most common reasons why families wind up in disputes over deceased estates.
What Is Unfair Treatment of Beneficiaries?
When family members are notified of estate administration proceedings, they may feel unfairly treated if there is unequal distribution of assets. This is particularly true if the deceased did not clearly communicate the reasons for some beneficiaries receiving more than others. We often see this with blended families or in cases where one child received significant financial help while the parent was still alive. A lawyer can review whether unfair treatment claims will hold up in court.
What Does Undue Influence Mean?
Undue influence is when one person exploits their relationship with the will-maker using unfair pressure, coercion or manipulation to cause them to go against their true intentions when making or updating a will. Substantial evidence is required to prove undue influence in a will challenge, which a reputable lawyer can help prepare testimony from witnesses like family members and caregivers can help the court determine if the will is a genuine reflection of the deceased’s wishes.
What Is an Ambiguous Will?
Estate dispute lawyers in Sydney also deal with ambiguous wills, which may be poorly drafted, outdated, unclear or improperly signed. If a will is not witnessed or executed correctly, there is a greater likelihood of disagreement among beneficiaries and eventual legal challenge. Simplistic or generic wills may also contribute to interpretation disputes, especially with complicated family situations and financial matters.
What Happens if a Will Is Not Updated?
Sometimes, a will is not updated for many years, which can lead to potential claims and challenges. If the deceased never updated their will after substantial life changes, including marriage, divorce, birth, or other deaths in the family, beneficiaries may feel left out or unfairly treated. Potential claims may include a lack of adequate provision for current dependents or invalidity because the will doesn’t reflect the deceased’s intentions or close relationships at the time of their passing.
What Is Executor Misconduct?
Another common reason why Sydney families end up in estate disputes is allegations of misconduct by the executor. Other beneficiaries may accuse the person responsible for administering the estate of mismanaging funds and assets, demonstrating favouritism, or delaying distributions. If there is insufficient transparency or timely attention to estate matters, trust may quickly erode among beneficiaries, leading to contested or challenged wills.
Protect Your Rights With The Will Challenge Lawyers in Sydney
If you feel a will is unfair for any of the above reasons, or you are the executor of a will that has been challenged, we recommend speaking to a specialist solicitor for expert legal advice. Contact The Will Challenge Lawyers in Sydney to discuss your case and how to safeguard your rights and protect your inheritance.
