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Family Will Disputes
Family will disputes are all too common and arise for a variety of reasons. If someone was left out of the will of a loved one and they’re deemed an eligible person in New South Wales, they can dispute the will. If the executor is lax in applying for a grant of probate, the will is suspicious or invalid, or if there are family disputes about property, a family will can be contested.
If you have family disputes over inheritance, get legal help from the Wills & Disputes Helpline today.
The Responsibilities Of The Executors Of A Will
Executors of a will have certain responsibilities to carry out, including obtaining a Grant of Probate from the court and distributing the assets from the deceased’s estate as per the will. Executors have an ‘executor’s year’ time limit (which isn’t legally binding) in which to obtain a Grant of Probate and disperse the assets.
Sometimes family inheritance disputes occur when beneficiaries of a will feel frustrated when the executor delays the distribution of the assets and seems unconcerned about others receiving their share in a timely manner. This can cause family will disputes that can only be resolved in a Supreme Court hearing or during Mediation.
What If The Executor Doesn’t Wish To Act?
If the executor doesn’t wish to go ahead, they can file a Renunciation of Probate form with the NSW Supreme Court. A probate lawyer from the NSW Wills & Disputes Helpline can assist executors wishing to apply for probate or any other matter regarding the will, so contact us today.
What Is A Grant Of Probate?
Obtaining a Grant of Probate in NSW may not be necessary, depending on the kind of assets in the will, and the size and value of the estate, so there is no law that states it must be obtained in every case. Smaller amounts are often released without the need for Probate.
Should an executor delay applying for a Grant of Probate for more than 12 months since the deceased’s death, eligible persons expecting to benefit from the will may make an application requesting that the court set a deadline for the executor to obtain a Grant of Probate.
What if the Executor Fails in Their Duty?
If the executor still fails in their duty, expected beneficiaries can take further action by consulting a family dispute resolution practitioner in a law firm such as The Wills & Disputes Helpline. An attempt can be made to replace the executor.
Family Disputes About Property in Deceased Estates
Disagreements about what beneficiaries believe should happen with estate property are common causes of will disputes. Our lawyers have experience in resolving disputes that can occur when there’s no agreement about selling the family house and dividing the profits, or keeping the home in the family for descendants.
The will-maker might have written that beneficiaries could choose whether or not to buy the home from the estate. Still, beneficiaries often can’t agree on what to do. If a beneficiary decides to buy the property from the estate, it’s essential to get a valuation so all interested parties can agree on a price.
If The Executor Fails To Follow The Will
Beneficiaries can sometimes become suspicious of an Executor who is also going to benefit from the deceased’s estate. Arguments may arise over a suspicion that the Executor isn’t following the will and has made unauthorised transfers of assets.
This often calls for forensic accountants to determine whether money or property has been removed from the estate in an improper manner. If proven correct, the Executor is usually removed and has their share in the estate lessened over their mismanagement.
Disputes Over Undue Influence On The Will-Maker
Other causes of family disputes around inheritances and wills include accusations that a beneficiary has asserted undue influence over the testator. The accusers may believe the beneficiary has influenced the will-maker to write their last will and testament in a way that goes against the testator’s true intentions and wishes.
The undue influence or coercion can include force, violence, flattery, intimidation, deception or blackmail and is usually hard to prove. You should speak to your Wills & Disputes lawyers about the kind of evidence you should collect to prove undue influence on the will-maker.
If the evidence proves coercion or undue influence has occurred, an earlier copy or draft of the will may be found valid instead. Otherwise, intestacy rules will determine the division of the estate.
What Happens When The Will Is Not Valid?
There are times when family will disputes involve beneficiaries questioning the validity or legality of a will. A will can be deemed invalid for reasons including:
The Will Was Not Prepared Properly
- This can occur when people draft their will on their own without professional legal advice.
Undue influence is Proven
- The will-maker is deemed or thought to have no testamentary capacity.
If the will is deemed illegal or invalid, and the deceased has an earlier draft of a will that can be proven valid, then the court may grant probate for that will instead. However, if there is no earlier will to call upon, the court can declare the estate intestate, and order it to be administered as per NSW intestate succession law.
Family Will Dispute Lawyers Near Me
The NSW Wills & Estate Disputes Helpline has a team of experienced family dispute resolution practitioners and family will dispute lawyers in Sydney. These experts have a wealth of experience and knowledge about contesting a will for a fair outcome. If you need family dispute resolution services for inheritance, get in touch with our family will dispute lawyers today at 1300 679 222.
Frequently Asked
Questions
What is the difference between a will dispute and an estate dispute?
Often used interchangeably, a will dispute typically focuses on challenging the validity of the will itself or seeking different provisions under it (like a Family Provision Claim). An estate dispute can be broader, encompassing issues with the administration of the estate, executor conduct, or disagreements over specific assets, even if the will itself isn’t challenged.
What are the most common reasons for estate disputes?
Common reasons include challenges to the will’s validity (capacity, undue influence, improper signing), Family Provision Claims by eligible persons who feel inadequately provided for, disagreements over the executor’s actions or delays, and disputes about the value or distribution of specific assets like property.
Who can make a Family Provision Claim in NSW?
Eligible persons in NSW include the deceased’s spouse or de facto partner, children, former spouses, dependents (including dependent grandchildren), and persons in a close personal relationship with the deceased at the time of death. Strict criteria apply.
Do all estate disputes go to court?
No, many estate disputes are resolved through negotiation or mediation before reaching a final court hearing. Mediation is often a mandatory step in the court process.
How long do I have to start an estate dispute?
Time limits vary depending on the type of dispute. For Family Provision Claims in NSW, the claim must be filed within 12 months of the date of death. For other disputes, like challenging validity or executor conduct, different time limits may apply, and prompt action is always recommended. Seek legal advice immediately regarding specific deadlines.
NSW Wills & Estates Helpline can be contacted on 1300 679 222. Our helpline reps are well versed in all things related to Will & Estate disputes. If there is an issue we can’t answer over the phone, we have access to a mountain of resources so that we can call you back within the day to provide answers.
Due to time differences across states, we recommend leaving a voicemail if your call is not answered. We promise to return your call within the day taking note of time differences.
Our phone helpline is manned Monday to Friday, 8.30am – 5.00pm (AEST). Our Facebook social media page is manned 7 days a week and we respond to direct messages quickly. In fact, most of our enquiries come via Facebook private chat.
