Will Disputes NSW
Due to changes in the law, Will Disputes are becoming more common.
Typically, you are an executor or beneficiary defending a Will or an eligible person contesting a Will.
Whatever your circumstances, due to the complexity of the law in this area, it is advisable to seek expert legal advice.
Heckenberg Lawyers specialise in Will Disputes. Find out how we manage to keep legal costs to a minimum while achieving the best outcome for our clients.
Will disputes can be generally divided into two main categories:
- Family Provision Claims.
- Contesting the validity of a Will.
In NSW the law provides for eligible persons to be adequately provided for in a Will. We discuss who is defined as an eligible person on the Family Provision Claim page.
In Australia 5-6% of families comprise step children. There are more blended families than ever before. Recognising this, law makers updated the definition of people who are entitled to be provided for in a Will. Together with elevated property prices and compulsory superannuation laws that provide for substantial estate values, more people than ever are challenging Wills.
Family Provision Claims are the most common type of Will dispute. If you believe you were unfairly left out of a Will or that you didn’t receive a fair share of an estate, click here to find out all the information you need to know about Family Provision Claims
The other reason people contest Wills is if they consider the Will to be invalid. Under the law, there are a number of processes that need to be followed for a Will to be judged as valid. You are also required to be an “interested person” in order to file a claim that a Will is invalid. We discuss these issues in more detail on our Contesting a Will page.
If you have been nominated as an executor of a Will and someone is challenging the Will it will be helpful for you to read the information we have provided on the Defending a Will page.
Whatever your circumstances, whether you’re contesting or defending a Will, the laws and processes are complex. To obtain a favourable outcome you will need to speak with an expert Will Dispute Lawyer. Read the information on this page to help you make a decision about who you should rely on to get reliable advice.
If you are the executor or beneficiary of a Will and someone decides to contest or challenge the Will, you are responsible for defending the interests of the testator (the person who made the Will). In these circumstances, it can be a very complex process to navigate. Here, we help you with some of the information you will need to know when deciding how to proceed.
Family Provision Claims are applied for when an eligible person has not been adequately provided for in a Will as required by law. In legal terms, these claims are referred to as challenging a Will.
If you are thinking of filing a Family Provision Claim, you may want to know:
- Are you an eligible person as defined in the Family Provision Act?
- On what grounds you can challenge a Will.
- How long you have to file a Family Provision Claim.
- What you need to prove to successfully challenge a Will.
For all of this information and more, read through our section on Family Provision Claims.
In legal terms, contesting a Will refers to an interested person contesting the validity of a Will. If you are thinking of contesting a Will, you may want to know:
- Are you eligible to contest a Will?
- On what grounds you can contest a Will.
- How long you have to contest a Will.
- How you begin the process of contesting a Will.
For all of this information and more, read through our section on Contesting a Will.
Engaging a specialist lawyer in the practice of Will disputes is going to help you resolve matters in a timely and cost effective manner. All Will disputes in NSW are heard in the Supreme Court and follow a strict process. An experienced Will dispute lawyer will be help you navigate this process more quickly and easily than a general practice solicitor because they know:
- How the court expects affidavits to be prepared.
- What the judge expects of you.
- What to look for in the preparation of evidence.
- What a successful settlement outcome would be.
To learn more, read through our section on Will Dispute Lawyers.
Unlike personal injury law which has become increasingly regulated in relation to legal costs, no such regulation has yet occurred in Will disputes. This can lead to the uninitiated engaging a lawyer, who is not well placed to advise them on their prospects of success in disputing a Will.