Estate disputes are often emotionally charged and legally complex. From contested wills to disagreements over asset distribution, navigating these issues requires a solid understanding of Australian succession law. Here’s how to approach estate disputes from a legal standpoint.
- Understand Who Can Make a Claim
Under Australian succession law, not everyone can contest a will. Only eligible persons—such as spouses, de facto partners, children, stepchildren, and in some cases, dependents—may bring a family provision claim if they believe they’ve been unfairly left out or inadequately provided for.
- Identify the Grounds for Dispute
Estate disputes can arise for a variety of reasons:
- Validity of the Will: Claims may argue the will was made under undue influence, or that the testator lacked capacity.
- Lack of Proper Provision: Eligible persons may seek a greater share of the estate.
- Executor Conduct: Beneficiaries may dispute how the executor is handling the estate, particularly around delays or perceived mismanagement.
Each ground requires specific legal evidence and often expert opinion, particularly around medical or financial issues.
- Act Within Legal Time Limits
Timeframes are critical. In most Australian states, family provision claims must be made within 6 to 12 months of the date of death or probate being granted. Missing these deadlines can mean losing your right to challenge the will.
- Consider Alternative Dispute Resolution (ADR)
Litigation is costly and time-consuming. Courts encourage parties to resolve disputes through mediation or negotiation before resorting to formal proceedings. These methods can lead to faster, more cost-effective outcomes.
- Engage a Estate Litigation Lawyer
Estate law involves strict procedures, evidentiary requirements, and emotional sensitivities. Engaging a lawyer with experience in estate disputes ensures your rights are protected and your claim is properly presented.
We can introduce you to an estate litigation lawyer if this would assist in your estate dispute.
