Making a Will is essential to ensure that when we die, our family members are correctly provided for and the probability of estate conflicts is minimized.
When someone becomes incapable of handling their own affairs, essential legal actions need to be taken to lower the possibility of estate conflicts by guaranteeing that their care, welfare and administration of their financial and legal affairs are handled in their best interests.
By far, the majority of Will disagreements can be settled at or before mediation, reducing the expenses and pressure on family relationships.
However, conflicts may arise where the deceased has not made a legal Will, or where a member of the family decides to object to a Will because they feel they have been unfairly left out. It is necessary that you have access to objective legal advice from knowledgeable deceased estate lawyers, so that you can make informed choices throughout a challenging and difficult time for all concerned.
An experienced & knowledgeable estate lawyer will attempt to resolve the conflict without the family having to proceed to formal legal proceedings in a court of law.
Have you been unfairly provided for in a Will?
The death of somebody close to you is a difficult emotional time for all concerned. Objecting to a Will can make things much more challenging. If you think you’re entitled to more from a deceased estate, a Wills & Estate lawyer will have the ability to assist you.
Even though the law identifies a person’s right to select who will inherit their property, there are typically various reasons why an individual may need to contest a Will.
Reasons for objecting to a Will are as follows:
- You’ve been left out of the Will
- You’ve been unjustly provided for
- The Will has not been legally constructed & signed
- The ‘administrator’ was negligent
- There is no Will
Whatever your reason for objecting to the details of a Will, you will need to seek professional advice from a lawyer who specializes in Wills, Probate and Estates.
Time limits for contesting a Will
There are time limits involved to dispute a Will, and this differs depending on the State or Territory in which you reside, for example:
NSW – If the person died on or after 1 March 2009 you have 12 months from the date of their death to make a Will dispute claim.
VIC – 6 months from the date of a grant of probate.
QLD – 9 months from the date of death, however notification must be made within 6 months from date of death.
If you live in other States & Territories, please check with your local authorities.
Irrespective of where you live, legal advice should be sought as soon as possible after the death. Urgently seeking legal advice will ensure that your rights are protected.
Please see our Business Directory Search facility to find ‘Solicitors (Wills, Probate & Estates)’ who service your local area.