In the world of estate planning and inheritance, being left out of a Will can be an emotionally challenging and stressful experience. But this situation is more common than many people realise.
If you find yourself left out of a Will, you may have options available to you. This article will provide more information to help you understand Wills, disputes, and the legal process around contesting a Will.
Understanding Will Disputes
Will disputes arise for various reasons, often from family disagreements, unclear intentions of the deceased, or suspicions of undue influence.
The impact of these disputes can be far-reaching. Lengthy legal battles have the potential to damage family relationships and add financial stress.
If you disagree with the provisions in a Will, it’s important to act quickly. Strict timeframes apply depending on which state you live in so it’s essential to give notice of your intention to contest the Will as soon as possible.
To maximise your chances of a favourable outcome, it’s advisable to initiate legal proceedings within nine months of the date of passing.
Common Grounds for Contesting a Will
There are several legal grounds on which a Will can be contested.
1. Lack of testamentary capacity: This occurs when the testator (the person making the Will) was not of sound mind at the time of creating the Will.
2. Undue influence: This happens when someone exerts pressure on the testator to make decisions that may not align with their true wishes.
3. Improper execution: If the Will wasn’t signed and witnessed, it may be deemed invalid.
4. Fraud or forgery: This involves any deception used in the creation or alteration of the Will.
Understanding these grounds can help you determine if you have a valid case for contesting a Will.
The Legal Process of Will Disputes
Contesting a Will is a complex legal process that typically involves several stages.
Discussing the Matter With a Solicitor
Seek advice from a professional Will dispute lawyer at the start of any Will Dispute as this can save you a lot of time and money. It’s important to note that Will disputes can be costly. Legal fees, court costs, and potential expert witness fees can quickly add up. In some cases, you may be able eligible for a no-win no-fee solution for your Will dispute.
Mediation
Initially, many Will disputes enter a mediation phase, where all parties attempt to reach an agreement outside of court. This can be a less costly and time-consuming option if successful.
Court
If mediation fails, the case may proceed to court. This involves presenting evidence, calling witnesses, and arguing your case before a judge. The potential outcomes of Will disputes in court vary widely. The Will may be upheld as is or it may be completely invalidated. The final outcome may even land somewhere in between with partial modifications made.
The Value of Getting Legal Advice
When it comes to disputing a Will, early legal advice can be invaluable. Talking to a professional Will dispute lawyer can help you understand your rights, explore your options, and potentially increase your chances of achieving your desired outcome.
Don’t wait until it’s too late. Whether you’re planning for the future or facing an unexpected inheritance issue, reach out to the team at Greenhalgh Pickard today. Our experienced professionals are ready to provide the high-quality legal guidance you need to navigate these complex matters with confidence.
If you are considering contesting a Will in Queensland, call today: (07) 5444 1022
Our compassionate, sensitive team endeavours to provide all the support that we can for our clients during the process.
Receiving the right legal advice early on in a legal dispute may increase your chances of obtaining the outcome you’re looking for.