Contents
Introduction
It hurts much more when you realize you have been left out of a Will or have been unfairly provided for after the death of someone close to you. If this is the case, you will require the services of knowledgeable Will Dispute Lawyers.
It’s crucial to know if you are qualified to dispute a will, but you should also be aware that there are stringent time constraints for doing so. You need to act right away. Learn more about contesting a will in the sections below and consider how your life can be improved if you act now.
Best Will Dispute Lawyers
A family provision claim is another name for contesting a will. This occurs when the parties agree that the Will is legal, but one or more people claim that they have not been properly provided for from the deceased’s inheritance. They would argue that the estate did not leave them enough money to cover expenses such as education and normal living expenses in the future.
Contesting a Will changes from state to state, you must fit within the following categories to be considered in contesting a Will. For example:
New South Wales:
- Husband/wife, spouse.
- Child, grandchild, dependent.
- Close personal relationship with the deceased.
Victoria:
- Husband/wife, spouse.
- Children, stepchildren, adopted children, believed the deceased was a parent, and grandchildren.
- A person who was a household member at the time of the deceased’s death.
Queensland:
- Husband/wife, spouse.
- Child, stepchild.
- Parent (if dependent at date of death).
- Dependent at date of death.
South Australia
- Husband/wife, spouse.
- Child, stepchild, grandchild.
- Parent (If contributed to the maintenance of the deceased).
- Sibling (If contributed to the maintenance of the deceased).
Tasmania
- Husband/wife, spouse.
- Child.
- Parents if deceased dies without spouse or children.
- A person with a close relationship with the deceased who was receiving maintenance or entitled to receive maintenance from the deceased.
Western Australia
- Husband/wife, de facto
- Child
- Grandchild – who was being maintained, or living with their parents and that parent was a child
- Stepchild who was being maintained by the deceased
- A parent
Northern Territory
- Husband/wife, de facto
- Children, stepchildren, grandchildren
- Parents
Challenging a Will or Contesting a Will? What is the difference
Contesting a will is not the same as challenging a will. When you feel you have been treated unfairly by a person’s will, you can contest it. This is the time to file a claim for family support.
A will is contested when it is challenged. Wills are frequently challenged in circumstances when the deceased individual was suffering from a mental illness at the time, they created their will or was pressured to change it. A will is frequently called into question because of the following reasons:
- The will-maker lacked the legal competence to form the will at the time it was signed, or the will was forged or made under the influence of others.
- The number of witnesses at the signing of the will was insufficient.
- The will remained unsigned.
Final words:
If you’re not sure if you qualify or need assistance contesting a will, don’t hesitate to call one of our expert Will Dispute Lawyers. Our lawyers have a lot of expertise with contested cases. During a free 30-minute consultation, we can provide experienced advice and discuss your requirements.
