Grounds for Challenging a Will
Entering the world of Will challenges can seem like stepping onto a soap opera set. But in reality, it often involves legal difficulties and family conflicts. It is also immensely stressful. If you'd rather keep your family matters private, think twice before initiating Will validity proceedings. These cases can end up in published judgments, revealing family secrets and disputes, and airing all sorts of dirty laundry, that every family has. These judgements can even form part of the course curriculum for law students. However, if you have genuinely been wronged, you should take the necessary steps to correct that wrong.
Understanding the Eight (8) Grounds for Challenging a Will
1. Contesting the Terms: Relatives might challenge a Will using Family Provision claims to ask for more from the estate. Certain conditions must be met, such as being the surviving spouse or child. A successful claimant must prove that the deceased or Will maker had a moral duty to provide for them.
2. Testamentary Capability: If someone making a Will doesn’t fully understand what they were doing or its consequences due to mental incapacity, the will could be contested, and likely overturned. This assessment considers if they grasped the process of making a will, their belongings, and any possible claims on their estate. Usually supporting medical evidence will be required to prove a claim.
3. Forgery or Fraud: If there's evidence of forgery, such as a forged signature, or fraud, like destroying a later will for personal gain, the will's validity can be challenged.
4. Undue Influence: Suspecting undue influence isn't enough; you need evidence of coercion by someone influencing the will-maker's decisions. However, if you can provide that someone unduly influenced another to make a Will, then that Will can be overturned.
5. Gathering Evidence: Prepare your case thoroughly by gathering evidence to support your claims. This may include documents, witness statements, and expert opinions. You need to put forth a very clear reasoned argument based on fact and not just your personal beliefs
6. Legal Resolution: If disputes can't be resolved through alternative means, they may proceed to a court hearing where a judge will make the final decision. You should aim to negotiate a resolution before taking court action. Remember that there are very strict deadlines to be met in taking court action, so meet with a lawyer as soon as you suspect something is amiss.
7. Seeking Legal Advice: During a will dispute, getting legal advice is important. Skilled lawyers can help you understand the legal system and give you advice that fits your situation perfectly, and of course, advise you of the strict court deadlines.
Dealing with will disputes needs attention and legal know-how. At WebWills, our team specializes in handling will validity disputes. If you're in this situation, reach out to us for expert help. Call us at (03) 9028 7603 to talk about your case.
DISCLAIMER
This is a commentary published by HazeLegal for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://hazelegal.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.
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