How do you dispute a will in Australia
After the heartache due to the loss of a loved one, disputes may arise in relation to how their Estate should be shared amongst the beneficiaries. To dispute a will in Australia you will need to contact a will dispute lawyer to begin the process.
It is common under these types of circumstances to seek help from a team of experienced, qualified and empathetic team of will dispute lawyers in order to achieve the best results.
The different types of will disputes
There are many different types of will disputes so make sure that when you are carrying out any proceedings that it is under the right field.
Provision claim
One of the most common forms of will disputes is the provision claim. It refers to people such as children, spouses, partners and financial dependents having the right to challenge a will if they believe they have been left out of the will or have been left an insufficient portion of the estate.
The provision is obtained by either negotiating with the estate’s representatives or by order of the court. Regardless it is important to consult a will dispute lawyer in dealing with this type of matter to get the proceedings correct.
Interpretation dispute
This type of dispute arises when;
- The will maker’s wishes are not clearly stated
- The will maker has assets that aren’t addressed in the will
- The will maker fails to adequately address held assets in their will
The interpretation of the will is the difference between you getting what you are intended to receive and getting nothing at all.
It’s important to address interpretation issues as early as possible where you would contact an executor about your interpretation of the will and ask if they agree.
If there is a disagreement you will have to file for a court application where you will need to seek a will dispute lawyer to represent you and present the facts to the best of their abilities in the eye of the law.
Capacity dispute
You are able to challenge a will if you believe that the will maker didn’t have the mental capacity at the time of creation. For a will to be valid you must be over the age of 18 years old and have the appropriate mental capacity of how a will is made and what it involves.
Head injuries and other forms of conditions that impair cognitive function are all grounds to challenge a will. You have to show evidence that the person lacked the capacity at the time of creation. If you someone is challenging a will that you don’t believe needs to be you must seek a will dispute lawyer immediately to get the facts straight.
Under the influence dispute
When someone is put under pressure to alter their will so that their true intention isn’t reflected you can dispute it. Examples would include a partner or spouse persuading the will maker to exclude the children or one sibling persuading the will maker to exclude the other siblings.
If you can prove that the will maker was influenced it can be set aside and disregarded. This type of dispute can be difficult to prove so make sure to collect all necessary pieces of evidence before they’re lost or destroyed.
Executor dispute
This type of dispute relates to when the executor of an estate acts inappropriately in respect to the administration of the estate.
If you are the beneficiary of a will or estate and you believe that the executor has acted inappropriately, you have the right to have them removed and seek compensation for any loss that you have suffered from their conduct.
Regardless of what type of dispute you may have it is important to seek a trustworthy and reliable will dispute lawyer. This way you can be sure that you will have the best chance of receiving what you are entitled to.
