Sydney Will Dispute Solicitors - Contested Probate NSW
Our Sydney Will Dispute solicitors are specialists at handling will disputes, contested probate applications, inheritance claims and estate litigation. If you have been left out of a Will, or haven’t been left your fair share of inheritance, speak with our legal team today for obligation-free legal advice.
If you need expert advice on how to challenge a Will or how to resolve a dispute regarding executor’s duties, call us today. We offer free telephone advice, and should you wish to pursue a claim, you may be eligible for No Win No Fee legal representation. Don’t delay in seeking legal advice, as time limits apply when taking legal action.
Challenging a Will
Our solicitors have handled many cases involving family members or dependants left out of a Will, or left an inheritance which the dependent feels is unfair. Quite often, it is possible for a dependent to take legal action.
Many people believe that once a Will is written, that the content is set in stone. However, the law recognises that in special situations, a Will can be challenged, and a Court can effectively re-write a Will. Potential claimants include: children of the deceased; spouse; ex-spouse; de facto; same-sex partner; step-children; adopted children; grandchildren; people who were wholly or partly dependent on the deceased.
To determine whether a “proper” share of the estate has been left to a beneficiary, the Court will look at:
If you wish to challenge a Will, you should speak with a solicitor as soon as possible because time limits apply. Also, once the assets of an estate have been distributed, it becomes difficult and often impossible to do anything about it. Call our free helpline to speak with a member of our legal team today. Alternatively, complete the contact form or send an email with as much relevant information as possible.
Our Sydney Will Dispute legal advice and information service is completely free to use. Our service provides advice in relation to Will disputes and estate litigation. Please note that we do not draft Wills nor do we handle straight probate applications. Rather, our service specialises in handling
Will disputes, Will challenges and contentious matters. If you need advice on how to apply for probate, you should instead contact the Probate office in your State.
Capacity to Make a Will
A Will may be challenged on the grounds that the testator lacked the necessary mental capacity to make a Will. The testator needs to understand what it means to make a Will; they need to understand the extent of their property, how it is owned, and how it is being distributed. Being elderly and with some mental incapacity isn’t sufficient grounds alone to be able to challenge a Will.
Our service receives many calls from people who have been left out of a family member’s Will, or have been left an “unfair” share of inheritance, and who believe that the Will maker was suffering from a severe mental illness, dementia or Alzheimer’s disease at the time they made the Will. Each case turns on its own facts and medical evidence is often necessary to show that such illness was severe enough to have adversely affected the testator’s capacity.
If you would like advice on how to challenge a Will on the basis of a lack of testamentary capacity, call our free helpline today.
Cases of fraud often arise in relation to home-made Wills that have not been executed correctly or signatures have been forged. Without an independent party such as a solicitor to prove the validity of the Will, it usually comes down to one person's word against another's. Fraud can be difficult to prove, however if proven, a Court can declare the Will invalid.
Our service provides free advice in relation to challenging fraudulent Wills. Contact us today to find out how our Sydney Will Challenge Lawyers can help you.
Sometimes duress is exerted on a person to make their Will in a certain way. Duress can come in the form of physical abuse, psychological abuse, or in the form of a threat. Most often the person exerting the undue influence is a family member; however, it can also be somebody such as a carer or friend.
A Will can be declared invalid if it was made under duress or undue influence.
The executor is the person/s named in the Will, who is responsible for looking after or “administering” the estate. The role of the executor or administrator comes with many responsibilities. Executors must act in good faith. Failure to do so may result in legal action against the executor.
Situations where an executor may be sued include:-
If you have concerns over how the estate is being administered by the executor/s, seek legal advice as soon as possible. You may be able to take legal action where an executor or administrator fails in their duty to protect the interests of the beneficiaries. An executor can be personally liable for negligent actions, and may be ordered to pay compensation from their own assets.
Our Sydney Will Dispute Solicitors have handled many matters on behalf of beneficiaries as well as matters on behalf of executors being sued. Free legal advice and assistance is available by calling our legal helpline or by completing the online contact form.
No Win No Fee Solicitors
If you require legal representation in relation to any matter involving a Will Dispute or Inheritance Claim, call our free service today. No Win No Fee legal representation is available in most cases. Our specialist legal team will explain to you the basis of such an agreement, and will ensure that your matter is handled in a professional and timely manner. Speak with our Sydney Will Dispute legal team by calling our 24/7 helpline or by completing the on-line contact form.LAWYER HELPLINE: ☎ 1800 455 260