A will can be challenged for a variety of reasons, including fraud, forgery, undue influence and lack of testamentary capacity on behalf of the will-maker.

The most common reason for disputing a will is that an applicant claims that what they have been left in the will is inadequate. This is known as a family provision claim. If you would like to confidentially explore your options for challenging a will - tell us about your circumstances here. We will provide you a free assessment of your prospects of success.

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The wishes of a will-maker are certainly a key consideration when determining a family provision claim, but they are not the sole consideration. Since 1900 both Australian and New Zealand legislature and judiciary have recognised that there is an inherent moral duty owed by the will-maker to certain persons in their life. Consequently, there is a natural tension between the recognition of the importance of testamentary freedom and moral duty which a will-maker has and owes.

No.
Only certain categories of “eligible persons” may make a family provision claim on a will-maker’s estate. These include:

1. A current spouse.
2. A current de facto partner living with the will-make at the time of their passing.
3. A child of the will-maker.
4. A former spouse of the will-maker.
5. A person who was at any time living with the will-maker and was their dependent.
6. A grandchild of the will-maker
7. A person who was living in a “close personal relationship” with the will-maker and the time of their passing.

In relation to disputing the validity of a will, only a person who has an interest in the will-maker’s estate may dispute the validity of their will.

Find our if you are eligible to challenge a will. Click here to speak to one of our will dispute experts for free.

There is a general time-limit of 12 months from the date of the will-maker’s passing in which an “eligible person” may make a family provision claim. Whilst it is possible to make a claim outside of this time period, sufficient cause must be demonstrated to overturn the time limit hurdle.

Will validity disputes do not have a time limit, however as with most litigation matter, it is better to act sooner rather than later. You may have difficulty enforcing a judgement in your favour if your opponents no longer possess the funds you are entitled to.

If you are out of time, or if the deadline is quickly approaching, it is important that you receive solid legal advice - quickly! Contact us now and a will dispute lawyer will immediately call you for your complimentary dispute assessment.

The costs of challenging a will depend on the circumstances of the case. Like with all litigation matters, the costs will be determined by the willingness of your opponent to negotiate and by the complicating factors of the case. Will validity and family provision claims have the potential to settle right at the outset, but also have the potential to go to the Supreme Court for a final hearing.

To find out how much your will dispute may cost, click here for an obligation-free assessment of your case.

The dictum that “costs follow the event” represents the general idea in litigation that the unsuccessful party is responsible for payment of legal costs. However, under the National Probate and Estates Group No Win - No Fee agreement, your legal fees are payable only if we obtain a successful outcome.

Click here for a complimentary assessment to see if you qualify.

Once again, the length of time it takes to settle a will dispute will be determined by the willingness of all involved parties to settle. If parties cannot settle then the dispute must be presented before the Supreme Court of NSW at the final hearing - which can take place 6-12 months after lodging a family provision claim.

Over the years, we have helped hundreds of individual clients and other law firms all over the world - it is not necessary to attend our office. We can obtain your advice over the phone and via Zoom and Skype. Whilst it is always pleasant to meet our clients face-to-face we acknowledge that vast geographical distances can make this impractical.

Speak to a solicitor right now to learn the best way forward in your matter. Schedule a callback here

If you are a will-maker hoping to reduce the chance that your will can be successfully challenged you need to urgently contact our will drafting team now!

If you are an executor and believe that someone out there will dispute the will you need to probate, contact us now to find out the best way forward.