What processes are involved when disputing a will?

Published 11 Aug 2016

There are myriad reasons why a will is contested or disputed, so much so that it can be confusing sometimes as to what warrants a worthy claim. Some of the more common reasons for someone contesting a will include:

  • What they feel was an unfair distribution of the deceased party's assets.
  • Issues arisen from the Executor of the Estate failing to apply for probate of the Estate in a satisfactory timeframe, or not distributing the assets to beneficiaries in a satisfactory manner.
  • A will is lacking clarity in regards to what the beneficiaries will receive.
  • If there are doubts over the deceased's capabilities at the time of creating their will.
  • Belief that the deceased was influenced in an untoward manner by a beneficiary when making their will.
  • When someone who should have been provided for has been left out of the will.

How can i get a copy of a will to know if I was included?

One issue that commonly arises when it comes to the distribution of an Estate is whether a party is aware that they have been included in a will. If for any reason you feel you may be included in a will but haven't been informed, you need to contact the Executor of the Estate or the solicitor responsible for the will. In NSW, the following people are legally entitled to view or get a copy of a will:

  • Anyone who is named or referred to in the will, including an earlier version.
  • The surviving spouse or de facto partner.
  • A parent/guardian of the deceased.
  • If the person has passed intestate, anyone entitled to a share of the Estate.
  • The parent/guardian of a minor referred to in the will or would be entitled to a share if the person has passed intestate.
  • Any creditor or person who claimed against the deceased.
  • Anyone managing the Estate immediately before death.

How much does it cost to dispute a will?

Gerard Malouf and Partners Will Disputes Lawyers operate on a No Win No Fee basis so you only pay us when you're claim is successful. Our lawyers are experts in will disputes and fully equipped with the legal knowledge needed to help you win your claim. We understand that will disputes generally occur between close and extended family of the deceased and that this adds additional emotional stress to the situation.

You can remove some of this stress by contacting our team today for information on contesting a will.

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