More and more people are wondering why they have been left out of a Will and what they can do about it. We can tell you what you can do and even help you to do it.
The complexity of our lives flows on to our deaths. As a consequence, the incidence of people challenging Wills is increasing every year.
You can generally dispute a Will on 2 bases:
- You were left out of the Will when you should not have been or you were not given what you think you deserved in a person’s Will; or
- You think the Will made by the person is invalid because, for example, the person didn’t know what they were doing when they signed the Will.
Many people can have legitimate concerns about how they have been treated in a person’s Will but remember, not just anyone can challenge a Will. Generally unless you are a spouse, a child or a dependant of the person who died you are not entitled to challenge.
Remember as well, superannuation can be the biggest asset of a person when they die, known as a death benefit. In certain circumstances you can also challenge how this death benefit is to be paid out by a Superannuation Fund.
The trick is to get good and prompt advice on where you stand and what your rights are. Bear in mind as well that there are strict time limits on doing something so don’t wait too long to get the advice or take action. If you do, you may lose the right to challenge.
Information about estate disputes include:
- Challenging a Will
- Family Provision Applications
- Solemn Form
- Trust disputes
- Disputes over Death Benefits
- Compensation for beneficiaries
- Problems with the Executor
- Are you an unhappy beneficiary under a Will?
Need expert legal help now?
Don’t hesitate to contact CRH Law. We have helped many people in the same situations as you’re probably in. We hope to hear from you soon.