3 Common Misconceptions About Inheritance Disputes

There are many reasons why you may want pursue an inheritance dispute. You could feel a Will is invalid or forged or believe the deceased's estate failed to adequately provide for you. In some cases, you may suspect your loved one did not have the testamentary capacity to write a Will or was under undue influence when writing the document.

Nevertheless, contesting a Will is usually a big decision that requires careful thought. You may worry that the dispute could cause a rift between friends and family, for instance. Before committing either way, discuss your situation with a qualified Wills disputes lawyer in NSW who can provide advice on whether or not to proceed.

This article aims to outline a few of the myths people commonly believe about launching disputes, so you can make an informed decision about your case. Will disputes are often settled before reaching the courts.

1. I can't afford to make a claim

Even if you have a legitimate claim, you may feel the process is too expensive to risk. However, no-win, no-fee law firms ensure everyone has access to essential legal services if they want to pursue cases. These organisations cover the upfront costs that you accumulate during the proceedings, with the expenses subtracted from your final settlement.

If your claim is unsuccessful, you're not required to pay any fees. You can, therefore, expect your legal team to work especially hard to win your case to ensure any ruling goes in your favour. This fee structure also alleviates any financial concerns that may be preventing you from filing a dispute.

2. Contesting a Will is rarely successful

Many people believe Wills are ironclad, thus making the deceased's final wishes incredibly difficult to overturn. This couldn't be further from the truth. A 2015 study from the University of Queensland (UQ), Victoria University and the Queensland University of Technology's Australian Centre for Health Law Research showed contesting a Will is regularly successful.

The research, which cited public trustee and judicial review data, revealed 74 per cent of disputes resulted in changes to the distribution of estates. Partners and ex-partners enjoyed an 83 per cent success rate, while children and extended family won contestations 76 and 73 per cent of the time, respectively.

Figures from NSW Trustee & Guardian also suggest that approximately 45 per cent of people in the country do not have valid Wills, which could further improve the likelihood of a challenge succeeding.

3. A dispute means a lengthy court case

Potential claimants often overestimate how long the dispute process takes and worry that a court case could drag on. In reality, the majority of contestations are settled out of court during mediation, according to the UQ research. The study estimated that the median average time to resolve a Will dispute after the first notification is nine months.

Agreeing to settlements can save you money on fees and minimise the stress for all parties. However, it is important to gather as much evidence in support of your case as possible to have a good chance of receiving reasonable offers. Hiring the best lawyers can be a key advantage during these negotiations. You should consider challenging a Will in various circumstances.

Understanding your options

Hopefully, this article has allayed some of your concerns about the costs, complexity and success rates of inheritance disputes. However, there are many other misconceptions people have regarding the claims process.

If you're still unsure whether contesting a Will is worthwhile, you should contact a no-win, no-fee firm that can assess your case and give honest feedback. This ensures you have all the information you need before proceeding with a claim.