Are You Disputing a Will? Here Is What You Need to Know


Sometimes it happens. People do not think they have been treated fairly when a will has been read. Either they feel that they were not justly compensated or they have not received proceeds from the estate. Typically, Australian law recognises that it is the privilege of each person to create a will, provided that it is fairly executed.

Examples When a Dispute Is Recognised

If you are disputing a will or feel that you have not received an equitable allocation, you need to speak with a lawyer. You are within your rights to dispute a will in the following circumstances:

  • You believe that your distribution or the lack of a distribution is extremely inequitable.
  • Your financial needs have not been met.
  • You were a dependent who was partly or entirely dependent on the maker of the will and received an unfair allocation or no allocation at all.
  • The deceased did not possess the mental competency to know what he or she was doing.
  • The executor, under undue influence of another party, did not represent the party’s true wishes before the document was signed.

Was the Will Fairly Executed?

In North South Wales (NSW) and other areas such as Queensland, contesting a will involves inquiring about the fairness of the document, especially with respect to a decedent’s final wishes. Therefore, claims must cover questions relating to fairness, the financial needs and dependencies of certain parties, the mental capacity of the maker of the will, and similar matters of equitability.

A No-Win/No-Fee Legal Case

If you can show that one of the aforementioned criteria was not met in a will, then you can proceed and contest a will that you believe is unfair. Lawyers offer a no-win/no-fee arrangement for anyone who believes that he or she was wronged in this respect. So, the lawyer will not take his or her fee unless your dispute can be resolved.

Did the Will Account for the Dependents?

If you are interested in knowing more about this type of legal activity, you need to schedule a consultation with a lawyer. This free consultation will enable you to determine if you have a legal dispute to make. According to the family provision act in North South Wales (NSW), Victoria, and Queensland (QLD), people are morally accountable to the people who are dependent on them when they die.

Take Action Immediately

Therefore, an adequate provision should be made in a will. People who do not receive sufficient provision always have a right to contest a will that leaves them with little or nothing in the way of compensation. In these types of cases, a timeframe limits the period for filing a claim. So, if you feel that you have been treated unfairly, you need to talk to a lawyer right away. Time limits typically begin from the date of the family member’s death.

Make Sure You Are Equitably Treated

Because legal conflicts lead to emotional upset, it is best to resolve these types of matters through an experienced lawyer. Know your rights and express your grievances in a legal forum. Make sure that you are equitably treated. Receive the legal advice that you need today.

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