With wills already being a complex field of law, introducing the idea of will disputes may serve to complicate these legal matters further. In doing this, uninformed families suffer confusion and potentially don\u2019t realise their rights during mediation. For this reason, Goodman Group Lawyers seek to demonstrate how and why someone would seek to dispute a will in this blog.<\/p>\n
What is a contested will?<\/strong><\/p>\n
Challenging a will (also referred to as contesting a will) involves the challenging of a will written by a deceased party. There are many reasons<\/a> why the validity of a will might be challenged, the legitimacy of these entirely depending on specific circumstances related to the deceased.<\/p>\n
A will dispute might occur if:<\/p>\n
Personal circumstances related to each of these disputes make will challenges even more complex, sometimes making it necessary for the dispute to go to court.<\/p>\n
The process related to estate disputes<\/strong><\/p>\n
A party wanting to dispute a will usually apply to the court. Even in applying to have the dispute occur in court, the court will usually require all the parties to attend a mediation first to try and come to an agreement themselves.<\/p>\n
An individual wanting to dispute the assets they believe they were entitled to must prove that the writer of the will had a \u201cmoral duty\u201d to provide for them financially \u2013 this process is called \u201ctestator\u2019s family maintenance\u201d. In instances like this, the party wanting to dispute would be closely related to the deceased, such as a spouse, parent or child.<\/p>\n
Other individuals, such as registered carers, grandchildren or members of the household may also apply to dispute a will if they are able to effectively demonstrate that they were either partly or fully dependent on the deceased.<\/p>\n
What is considered by the court during will disputes?<\/strong><\/p>\n
When the court is deciding if the disputing party is making a valid claim, they will approach the will from multiple angles. In order to provide a thorough decision, they will examine:<\/p>\n
If a family member or individual close to the deceased wishes to apply for a testator’s family maintenance claim, they must do so within six months of the grant of probate<\/a> or letters of administration<\/a> being made.<\/p>\n
Looking to challenge or manage a will dispute?<\/strong><\/p>\n
Navigating laws concerned with will disputes can be time consuming and confusing due to the complexity of this field. Goodman Group Lawyers have significant experience in providing our clients with informed and reliable advice, ensuring that any we\u2019ll be able to manage any will dispute<\/a> or challenged will<\/a> with exceptional understanding.<\/p>\n","protected":false},"excerpt":{"rendered":"