Will Dispute Lawyers | Sydney's Northern Beaches
Disputing a will can cause emotional and financial stress, especially when it involves family relationships. If you feel the will treats you unfairly or suspect it’s invalid, you may have the legal right to challenge it.
At Eleven Legal, our experienced will dispute lawyers in Sydney provide expert guidance on all aspects of contested estates and will challenges. Whether you need to challenge the validity of a will or claim a larger share of an estate, we’ll work with you to protect your rights and secure a fair outcome.
What is a Will Dispute?
A will dispute arises when someone challenges the terms of a deceased person’s will or questions its validity. Disputes can arise for several reasons, including:
- A family member or beneficiary feeling they were unfairly excluded.
- Concerns that the will was created under undue influence or fraud.
- Allegations that the person making the will lacked the mental capacity to do so.
Understandably, contesting a will can be complex, but our team of experienced will dispute lawyers will guide you through every step of the process.
Grounds for Contesting a Will in NSW
In NSW, a will can be contested after the person who made the will passes away. Common grounds for contesting a will include:
Lack of Testamentary Capacity
A will can be contested if the person who made it lacked the mental capacity to understand the nature and effect of their decisions when they created the will.
Undue Influence or Fraud
In the event the will was made under pressure, coercion, or deception, the court may declare it invalid.
Improper Execution
For a will to be legally valid in NSW, it must comply with certain legal requirements, including proper signing and witnessing. If these formalities weren’t followed, the will could be deemed invalid.
Family Provisions Claims
In NSW, a family provision claim allows certain individuals to apply for a larger share of a deceased person’s estate if they believe they have not been adequately provided for.
Who Can Make a Family Provisions Claim?
Under NSW law, the following individuals are eligible to make a family provision claim:
- A spouse or former spouse of the deceased
- A de facto partner of the deceased at the time of death
- A child of the deceased
- A person who was financially dependent on the deceased
Time Limit for Family Provision Claims
You must file a family provision claim within 12 months of the date of death. If you need more time, you can request an extension from the court.
Invalid Wills
A court may rule a will invalid if:
- The person making the will didn’t properly sign or witness it.
- The testator (person making the will) lacked the mental capacity at the time.
- Fraud, forgery, or undue influence influenced the creation of the will.
If the court declares a will invalid, NSW intestacy laws will determine how to distribute the estate (these laws apply when no valid will exists).
How to Contest a Will in NSW
If you believe you have grounds to contest a will, the process typically involves the following steps:
1. Seek Legal Advice
Our will dispute lawyers will assess your case and provide tailored advice based on your circumstances.
2. File a Formal Claim
A claim must be lodged with the NSW Supreme Court within the required timeframe.
3. Attempt Mediation
The court may require both parties to attempt to resolve the dispute through mediation before proceeding to a formal hearing.
4. Court Hearing (if necessary)
If mediation fails, the court will hear the evidence and make a legally binding decision.
