If you’ve been left out of a Will or have been unfairly treated in terms of the amount of your inheritance you may be able to make a claim against the estate.
Who can dispute a Will?
It varies depending on the circumstances of the case, but some of the people who may be entitled to claim include people who had a relationship with the deceased such as:
- wife or husband
- de facto or same-sex partner
- former spouse or de facto partner
- child, stepchild or grandchild
- parent of a child of the deceased
- parent, brother or sister
- someone who was financially dependent on the deceased
- carer of the deceased
This is a very general guide only so please contact us to discuss your particular circumstances.
Is there a time limit?
Yes, there are time limits and the depending on the cause of action the time limits may vary. In certain circumstances, we might be able to obtain an extension of the time limit so please contact us to discuss your situation.
What if I don’t believe the Will was valid?
You can challenge a Will if you believe that the will is a forgery or if the person lacked the mental capacity to make a Will. You can also challenge a Will if you believe that undue influence was brought to bear upon the deceased or if there was fraud involved.
How do I make a claim?
First, contact a solicitor, who can assess your claim and discuss the particular circumstances of your claim. If it’s worth continuing, we will contact the executors and notify them of your claim. We will then gather evidence, prepare documents and make an offer to the executors. Many claims are settled through negotiation at this stage.
If the matter is not resolved, then we can lodge documents with the court to initiate proceedings. We can still negotiate and in some cases, mediation will be required by the court.
Failing all else, we will proceed to a bringing a claim in Court on your behalf and the Court will make a decision.
We can help
At every stage of contesting or challenging a Will it’s important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly court fees, but if it comes down to court we also have the skills to fight on your behalf.
Contact us to arrange a consultation.