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The basics of disputing a will

When you lose a loved one it can be difficult to navigate both the loss and the practicalities of settling their estate. If the deceased had a large number of assets and the will is complex, this can lead to added stress and anxiety as beneficiaries find out how much their inheritance is and wonder if their share should have

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Can family contest a will?

When a family member passes away, their estate is divided according to their will, or (if they died intestate), according to Australian inheritance law. If there are no heirs and the deceased died intestate, the estate goes to the Crown. However, in most cases, each of the family members of the deceased receive a share according to the testator’s wishes.

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Challenging a will

Challenging a will can be an arduous process, with a heavy burden of proof required before a will can be successfully set aside. However, if you have strong reason to believe the deceased was manipulated or coerced, or was not mentally capable at the time the will was written, you may wish to seek such proof so you can challenge

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How long after a death can a will be contested?

Contesting a will in Australia is a process which must typically be started within a specific time frame. If you try to contest a will after that time frame, you have to have an exception, such as not knowing about the death of the deceased person until after the deadline passed.   If you were estranged from the deceased, provision

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Contesting Wills
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