Criteria for Challenging a Will The legality of a will after death may be challenged if:
The deceased lacked mental capacity at the time of making the will.
It has not been developed or recognised as required by law.
A witness may benefit from a will.
The will was made under undue influence.
A portion of a dependant's assets that the dependant believes they have not been reasonably assigned. COMMON WILL DISPUTES Disagreements often arise related to the following:
Dismissal of executors or trustees.
Missing beneficiaries.
Disputes regarding the execution of a will.
Questions about the management of the estate.
Explaining Ambiguities in Wills.
Delays in probating a will. Accessibility of Wills A will becomes a public record after probate and can be accessed by searching for probate documents in the Supreme Court. Until then, certain people, such as persons named in the will, prior beneficiaries, immediate family members of the deceased, potential heirs under the rules of intestate succession, guardians and creditors of minors named in the will, may request to see it. Family Maintenance of Will Claim A party who believes that a deceased person had a "moral obligation" to support them may apply for a "family maintenance of will" claim in the Supreme Court. Usually, the applicant is a member of the immediate family, such as...:
Current or former partner.
The deceased person is considered to be the child's parent, child, stepchild, or those persons.
Registered carers, family members or grandchildren who were dependent on the deceased person may also qualify. The court will check:
The original will and the reasoning behind it.
Whether the deceased had a moral obligation to care for the applicant.
Adequacy of allocation to applicants.
Any disability of the applicant or other beneficiary.
The applicant's state of dependence on the deceased.
The quality of the relationship between the deceased and the applicant.
The potential impact of the change on other beneficiaries. For such claims, applications must be submitted within six months of granting probate or issuing letters of administration. Seek legal advice Challenging a will is a complex process. Community Law Centres can provide guidance, but it is vital to obtain specialist legal advice. Remember that an unsuccessful claim could result in being responsible for court costs, contact the experienced law firm of Chua Hing Wah Solicitors to give you advice and guidance.treat (to a meal etc)click hereLearn more, orContact UsOffice. Address Level 2, 262 Queen Street, Melbourne 3000, Phone 96023988
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