Beneficiaries or people related to a Will may feel that they have been treated unfairly, and in such cases, it is possible to make a claim that the foresaid Will is invalid, or the concerned beneficiary/person should have been provided more. The claim made is dependent on several factor, including the relationship and relation with the concerned testator, the mental state of mind of the testator and other aspects that mattered when the will was created. It must be also determined if the unfair Will is a result of fraud. In such cases, talking to contested wills and probate lawyers can help.
Understanding Wills is important
At times, a testator may have considered the person under their Will, but the assets of the deceased may not be a part of the estate. For example, if the deceased shared the properties and assets with another person, the claim may not be a valid one. In case of Family Provision Claims, the person might be entitled for a compensation from the assets that are not a part of the estate, called the Notional Estate. This is possible on NSW and the court can pass orders for redistribution of Notional Estate, but the same provision is not available in Queensland. Keep in mind that Family Provision Claim are subject to time limits, which is why seeking legal help is important.
Contesting a will
You can choose to dispute or contest an unfair will using a family provision claim, and the court may pass an order that the estate be redistributed. The validity of a will can be contested as well, which claims that the will was made under unexpected circumstances and the maker agreed to the terms owing to factors like fraud and influence. In case there’s no estate for an estate, the Succession Act will determine the course, which can be contested, as well.
It is highly recommended that one takes legal advice in such cases. To dispute or contest the will, one usually has one year, and while the time limits can be extended under certain circumstances, it is best to act as soon as you know of the will or have decided to contest the same. Find a legal service that can help and don’t shy away from asking questions. Experience of your lawyer also plays a major role in the case, so do hire a firm that’s reputed.