[vc_row][vc_column][ultimate_heading main_heading=”Will Disputes And Challenging A Will.”][/ultimate_heading][vc_column_text]If you’ve been left out of a Will, or have not been left sufficient to meet your needs, you may be able to make a claim against the estate. At Vincent Butcher Lawyers we have the skills and experience to assist you in Will Disputes and Challenging a Will.
Who can dispute a Will?
In New South Wales people who may be able to claim under a Will Disputes of the deceased are the :
- wife or husband
- defacto or same-sex partner
- former spouse or de facto partner
- child, stepchild or grandchild
- parent of a child of the deceased
- parent, brother or sister
- someone who was financially dependent on the deceased
- carer of the deceased
This is a very general guide only so please contact us to discuss your particular circumstances.
Is there a time limit?
Yes, there is. It depends on the jurisdiction. In certain circumstances, we might be able to obtain an extension of the time limit so please contact us to discuss your specific Will Disputes situation.
What if I don’t believe the Will was valid?
Will Disputes can arise if you believe that the will is a forgery, if the deceased lacked the mental capacity to make a Will or if the deceased was influenced in making the last Will.
How do I make a claim?
First, contact us so we can assess your Will Disputes claim and discuss the particular circumstances of your claim. We will then gather evidence and prepare relevant material for your claim. Many claims are settled through negotiation at this stage.
If the matter isn’t resolved then we can lodge documents with the court to initiate proceedings. We can still negotiate and in most cases, mediation will be required by the court.
Failing all else, we will proceed to a court hearing wherein the evidence will be presented and the judge will make a decision.
We can help
At every stage of Will Disputes it is important to have sound, experienced legal advice. At Vincent Butcher Lawyers, our role is to ensure you are well informed on your legal rights and to protect those rights at law.
In most cases we are able to defer costs until settlement so as to assist you in this process. We also offer a No Win No Fee service for certain matters and would welcome a discussion in your particular case to see if it applies.