What You Need to Know About Disputing a Will in Queensland or New South Wales

If you create a will, it should be done so the members of your family are treated fairly. Disputes arise when certain valued members are not treated equitably. If the will provides grossly unfair stipulations, certain family members can dispute the will’s terms.

Reasons for Disputing a Will

Other reasons that a will may be contested include the following:

        The will does not meet the financial needs of certain family members.

        The will does not make the distribution to family members that were financially dependent on the deceased.

        The deceased was not considered mentally competent when the will was created.

        The executor was unduly influenced.

An Undue Influence Claim

Called an undue influence claim, this issue arises during contesting a will if the executor was unduly influenced by another party. In turn, the will, after it was signed by the executor, did not reflect the decedent’s actual wishes.

Will-based Legislation

Laws have been put into effect that cover the fairness of wills when addressing the wishes of the deceased. Legislation, such as Family Provision Claim amendments and the 2006 Succession Act, deal with questions involving fairness, the financial need of certain family members, and a decedent’s capacity. If you feel that any of these issues are viable, you should speak to a lawyer about your rights in this respect.

Why Disputes Commonly Arise

Will disputes can arise for one of various reasons. These reasons may include the following:

        An inequitable distribution of a deceased’s assets.

        Issues with the execution of the estate.

        Unclear instructions in the will terms.

        Doubt with respect to the decedent’s testamentary capacity.

Turn to an Objective Party

Regardless of the reason for the dispute, it always happens at a bad time, or after a loved one has died. That is why you need to turn to an objective party. A lawyer has the knowledge and expertise to assist you in winning your case. Because will disputes are highly emotional in nature, you need to turn to an advocate that can act objectively and proactively on your behalf.

Work with a Lawyer That Works on a No Win, No Fee Basis

When you contact a lawyer, you have a better opportunity to consider the right options for resolving the case while better understanding your entitlements. Work with a lawyer who can offer his or her services on a no win, no fee fixed fee arrangement basis.

Ensure a More Positive Outcome

When you can obtain this type of support, you can ensure a more positive outcome. If you feel you were unfairly denied certain financial compensation, you owe it to yourself to see if you can resolve the issue so everyone is fairly and duly compensated. Schedule an appointment with a lawyer today to explore the alternatives.


Helpful Laws by Xohaib