The General Guide to Contesting a Will

by Will Challenge Lawyers Will and Estate Lawyers Sydney

Most of us are not well versed with the procedure of making a will and before we understand the complexities involved in the process, there comes challenge a will NSW which completely messes up with our minds. We often see will disputes even among popular families, so it is not wrong to say that they have become a part of our daily lives now. 

The contesting of a will is becoming an increasingly common event in every country. There are two classes of people who challenge the validity of the will. The first one are those who are named in the will (the beneficiary, for example), and the second one are those who likely inherit assets from the will-maker if the will could be proven to be invalid. 

There are several reasons for challenging a will NSW which is why it is becoming a commonplace. Firstly, people are much more aware of the requirements to make a will in the first place now. Without a will, a person dies intestate and all the estate passes through the insolvency rules. This may be contrary to the original wishes of the testator, so in such cases, it is advisable to take aid from Disputed Wills Solicitors.

However, despite increasing awareness of the important role of a will, only a few percentages of people make one during their lifetime. Many problems can arise as a result, one example being where unmarried yet long term partners fail to do so in the assumption that the law will recognise the other partner as a recipient of their assets mainly because they have lived together for many years. 

Another problem is that not everyone who makes a will does it in the right manner. In other words, although a will has been made it is not legally valid. Disputes over the validity of a will can occur due to several reasons. 

Firstly, a badly drafted will can give rise to problems and lead to will disputes. This is often a problem relating to the preparation and also execution of the will, so it is better to take help of will lawyers during this phase. It is because they make sure the will is legally valid and correct. Another thing is, the will must not only be signed and witnessed, but the will-maker must also have thought the full implications and ramifications of the will they have made, and have both known and approved its content. Simply put, the will should be in the accordance with the intentions of the will-maker and not those who are going to the potential beneficiaries in line with the will. This could be the best way to avoid Challenge A Will NSW.

Grounds upon which a will may be contested include any kind of illness upon the part of the will-maker, especially if it impacted the mental capacity during the time they were making the will. Other reasons include fraud, undue influence, along with many others. Disputes can also arise if the Administrators or Executors of an estate fail to handle the distribution of the estate efficiently and capably. Disputed Wills Solicitors can also guide further in this regard. 

If you found yourself in a position where you wished to contest the validity of a will, then there could be many other grounds to explore. An important consideration is that there are time limits, hence it is better to adhere to such claims in a timely manner. Ultimately, it is vital to seek good advice, and particularly to do this at an early stage as this will boost your chances of contesting a will in a successful manner. Disputed Wills Solicitors also have a big role to play in case anything goes wrong. 

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Created on Nov 17th 2020 06:43. Viewed 394 times.


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