What Are the Grounds for Contesting a Will in Australia?

June 12, 2024    Deceased Estate Lawyers Perth
What Are the Grounds for Contesting a Will in Australia?

People who want to leave their mortal possessions for their near ones can do so with a will. It is a legal document that clearly dictates the ownership of the deceased person’s properties and the persons/establishments that will inherit those after their demise.

However, cases where people have used unfair means or doubtful strategies to have everything are familiar. Moreover, the deceased person may hold a personal grudge against a correct inheritor and satisfy it by illegitimately depriving them.

The will make themselves and witnesses (numbers may vary according to the legal structure) must sign the documents, so there are probabilities of mistakes and intentional errors. So, if you think that you have been unlawfully left out of a will, challenging an unfair will in Perth WA is possible under Australian law.

Read the following article to know about the cost, the processes involved, and the reasonable expectations so that you can contest with proper info.

Definition of a legal will

A will is an authorised article that explains how your assets will be divided after you pass away. Some relatives or immediate family members can contest this will, and they would do well to hire the most efficient will-contest lawyers in Perth.

However, it is better to know the factors and details of creating a will to effectively contest it, too.

What are the grounds on which one can challenge a will?

According to Australian law, anyone with a valid reason can contest a will – however, they must have it to get the court’s involvement. According to the most recommended deceased estate lawyers in Perth, an individual can contest a will on primarily three grounds. These reasons will have differing success rates in court. These grounds are:

  • The person drafting the will (it can be the actual will-maker or a person writing on their dictation) was unjustifiably influenced or forced into changing the will. The terms mentioned there may not have been the deceased person’s wish.
  • The draft will have errors or raise doubts – like something is missing or contains one or more technical mistakes.
  • The will creator wasn’t in complete possession of their senses or didn’t understand the consequences of their actions while signing it. For example, the testament signed or written by an Alzheimer’s patient can be contested in legal court.

Suppose you think you have been illegally sidestepped from justified inheritance, and your case falls under the mentioned grounds. In that case, it is better to contest it than regretting alone.

Deliberating before taking action

The most experienced property litigation counsellors will suggest taking some time rather than rushing to the court to contest a will. You should listen to their suggestions, as the court will want to know what’s exactly wrong with your loved one’s final testament.

Our expert team of property litigation lawyers will provide learned advice about the viability of contesting the will and informed consultation in the initial steps. Depending on the case, they can also suggest contesting a will right away.

A will must be signed by the maker and witnessed by the appropriate observers, and the contesting party must understand its contents thoroughly before taking action. Some inquiries you can make are mentioned below:

  • The beneficiaries are included in the will.
  • The amount and asset types included in the will.
  • The level of relationship the contester had with the departed (a spouse will have more rights than an acquaintance).
  • The amount of assets mentioned for each individual or organization.

Therefore, it is better to have the legal support of the most skilled property settlement lawyers with you.

Signing off

Someone can make a will and pass away, but their wishes can effectively come true after satisfying several legal necessities. For example, the beneficiary(s) must go through the probate process. An executor will check about any existing credit of the departed, gather all their assets (including real estate like house or land), and pay it off.

Only then will it be possible to distribute the remaining money or wealth according to their final direction. So, hiring the most respected will-contest lawyers in Perth for contesting a will will be best.

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