Will Disputes 
Even though the law recognises a person's right to choose who will inherit his or her property, there are often very good reasons why a will should be contested. The law in most states, for example, allows family members, de facto and same-sex partners, or anyone else who can show they were financially dependant on the deceased, to contest a will that is unfair.
A will can also be contested if it can be shown that the deceased did not have the mental capacity to understand what he or she was signing or if they were influenced to sign a will that did not reflect his or her wishes. If you want to contest a will, Slater & Gordon strongly recommends that you seek prompt legal advice to ensure that your entitlements are fully protected.
If you are named or appointed the executor of an estate, you may receive notice by a claimant of their intention to dispute the will. If this happens, it is important that you seek legal advice immediately.
That is where Slater & Gordon can help. Our experienced team of wills, probate and estate litigation lawyers will work with you to assess the relevant issues and advise you frankly of the legal options and avenues available to resolve your circumstances.
What legal avenues are available to dispute a will?
- Testator family maintenance claims
A person who has been left out of a will or unfairly provided for can make a claim for a larger share of a deceased person's estate.
- Lack of testamentary capacity claim
A beneficiary under an earlier will can challenge a more recent will if the deceased person did not have the mental capacity to understand what he or she was signing.
A beneficiary under an earlier will can also challenge a more recent will if the deceased person was 'unduly influenced' by another person to sign a will that did not reflect that person's true wishes.
A beneficiary under a will or trust can apply to the court to remove an executor or trustee who fails to administer a will or trust properly. The beneficiary can also seek compensation if he or she suffers financial loss as a result of the executor or trustee's wrongdoing.
Family members or concerned friends can apply to the relevant court, board or tribunal in each state (for example, the Victorian Civil and Administrative Tribunal) for the revocation of a Power of Attorney that is being misused.
- Guardianship and administration
Family members or concerned friends can apply to the relevant court, board or tribunal in each state (for example, the Victorian Civil and Administrative Tribunal) for an order allowing them to manage the financial affairs of a mentally incompetent person or to make decisions about his or her welfare.
Is there a time limit?
It is essential that you obtain prompt legal advice about these legal issues as are there are strict time limits to make these claims. The time limit that applies to your type of claim will vary from state to state.
How will I pay my legal fees?
Slater & Gordon's No Win - No Fee™ scheme is usually available for will dispute claims. The scheme is designed to help those whose financial circumstances might otherwise deny them access to legal representation.
Talk to us
If you are involved in a will or probate dispute and would like more information about how we can help you, please contact us either by email or by calling direct on 1800 555 777