In a perfect world, everyone would be happy with the terms and conditions of a family member’s will, yet sadly, this is very often not the case. There are indeed many reasons why a person might want to contest a will, and very often, emotions are running high, which is all the more reason to first consult with an experienced will & probate lawyer before doing anything. Going alone can add more troubles to your already disadvantaged position. If you feel you were unfairly treated in a family member’s will, here are just a few of the grounds for a will challenge.
Left Out of a Will
It is sometimes the case where a family member is not mentioned in the will, and this can cause friction within the family. It might well have been an oversight, or for a specific reason, and if you are looking for will dispute lawyers in NSW, or anywhere else for that matter, an online search is the best place to start. Typically, the lawyer would give the client a free assessment, in order to determine whether or not there are sufficient grounds for a will contestation. He will advise and help you to take the necessary steps to contest the will.
If you feel that the deceased person was not of sound mental capacity when making the will, you can contest the will on these grounds. It might be that the person actually wrote the will many years ago, yet made a recent amendment prior to their passing, and if a family member feels that the person was not of sound mind at the time of making the change and that another family member unduly influenced then, this is grounds enough to dispute the will. This is enough ground to contest the will. Get a professional to assist you if you want to increase the chances of success.
Same Sex Partners
According to Australian law, a same-sex partner has the same rights as a traditional partnership, and in the event, your partner recently passed away and you were not mentioned in the will, this could be grounds to contest the will. Just use the like legal process and the court will give you a hearing and grant you the right rewards.
Breach of Trust
A person might feel that the will executor is not carrying out their duties as they should. The executor is appointed by the person writing the will, and he or she is responsible for the distribution of the estate (as specified in the will), and in some cases, a family member might feel that the executor has failed in their duties and can, therefore, contest the will on these grounds. You can seek the assistance of other legal experts to get the required intervention.
If a family member was promised a plot of land, or ownership of a vehicle by the deceased at some point, yet this was not mentioned in their will, this can be adequate grounds to dispute the said will. If you think this has happened to you, the first thing to do is consult with an experienced will & probate lawyer, who can quickly determine whether or not, you have a case. You have to prove that you were actually promised that asset.
Although we rarely hear of these cases, they do happen very often, and there could be many reasons why a person wishes to contest a will, and with the right legal counsel, it is possible to overturn a will in favor of the person who brought the dispute to light. Don’t keep quiet when you feel that the will is working to your disadvantage. There is a legal procedure for making sure that you get your rightful inheritance if you feel that the will has left you out.