You are only eligible to dispute a will in court if:
What else will the Courts take into consideration?
How long do I have to contest a will?
What is an intestate will?
An intestate will is one that is incomplete (or nonexistent). In NSW, the Succession Act 2006 governs the legal framework for creating and executing wills and includes a formula for how the deceased’s assets should be distributed in this case.
Why do I need a probate lawyer?
Probate lawyers can provide expert knowledge of wills and have experience challenging wills in court. Your first step should be to speak with a specialist probate law firm.
What happens once I hire a probate lawyer?
The lawyers will contact the other parties involved to try to reach an amicable settlement. If successful, a Deed of Settlement will be written setting out the revised terms. If a new settlement cannot be reached, the next step would be a court summons. However, this will often prompt a formal mediation that is a faster process and doesn’t require the Courts.
If an agreement still cannot be reached, the matter will go to court and can take up to 12 months, depending on the complexity of the case.
Who pays the legal costs in a will dispute?
The cost of challenging a will and who pays for it varies from case to case. However, financial barriers can be significantly overcome by the specialists at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers.