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Challenging a Will

At Premier Compensation Lawyers, we understand that the loss of a loved one can be a difficult and emotional time. When a will is challenged, it can add additional stress and uncertainty to an already difficult situation. Our experienced lawyers are here to help you navigate the process of challenging a will in Australia and ensure that your rights are protected.

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Information on Challenging a Will

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What is a Will Challenge?

A will challenge is when someone disputes the will. This could be because they were left out of the will, were inadequately provided for, believe the will was not validly executed, or because they believe that the deceased person was under undue influence or lacked the capacity to make a will.

 

Reasons for Challenging a Will

There are several grounds for challenging a will in Australia, including:

  • Being left out of the will: This claim involves arguing that you have a rightful expectation to be included in the distribution of assets.
  • Being inadequately provided for: The provisions made for you in the will are insufficient to meet your reasonable financial needs, maintenance, or support. This claim involves asserting that the distribution of assets to you is not in line with what you require for a proper livelihood.
  • Lack of testamentary capacity: The person who made the will did not have the mental capacity to understand the consequences of their actions.
  • Undue influence: The person who made the will was coerced, threatened or influenced to make the will in a particular way.
  • Forgery: The will is not genuine and was not signed by the deceased person.
  • Fraud: The deceased person was misled into making the will in a certain way.

 

If you believe that a will is invalid, you will need to seek legal advice and take the appropriate steps to challenge the will in court. Our experienced lawyers will provide you with guidance and support throughout the entire process, ensuring that your rights are protected and that the outcome is in your best interests.

Frequently Asked Questions on Challenging a Will:

Who can challenge a will in Australia?

Any person who has an interest in the estate of the deceased person can challenge a will in Australia. This is generally family members, dependants, spouses, de facto partners, children and grandchildren.

What are the grounds for challenging a will in Australia?

The grounds for challenging a will in Australia include being left out of the will, being inadequately provided for, a lack of testamentary capacity, undue influence, forgery, and fraud.

What is the process for challenging a will in Australia?

The process for challenging a will in Australia involves filing a claim in court and providing evidence to support the claim. The court will then refer the matter for dispute resolution and if unable to resolve the matter the court will then make a decision on the validity of the will.

What is the time limit for challenging a will in Australia?

The time limit for challenging a will in Australia is 12 months from the date of death. If you wish to challenge a will outside of the 12 month time limit, a satisfactory explanation must be provided.

How much does it cost to challenge a will in Australia?

The cost of challenging a will in Australia can vary depending on the complexity of the case and the legal fees charged by the lawyer.

Can I challenge a will without a lawyer?

It is possible to challenge a will without a lawyer, but it is recommended to seek legal advice as the process can be complex and challenging a will in court can be a difficult and emotional experience

What happens if a will is challenged and found to be invalid?

If a will is challenged and found to be invalid, the estate will be distributed according to the previous will or the laws of intestacy.

What makes our team the right choice for you?
  • Proven track record of success
  • Decades of experience
  • Empathetic and dedicated team
  • Specialists in will challenges

At Premier Compensation Lawyers, we understand that challenging a will can be a complex and emotional process. Our experienced lawyers are here to help you through every step of the way. Contact us today to schedule a consultation and find out how we can help you

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What makes our team the right choice for you?

  • Proven track record of success
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  • Decades of experience
  • Empathetic and patient team

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