Can I dispute the estate of a loved one?

A will dispute can occur when the will left behind by a loved one does not adequately provide for you or other dependants, which could lead to the creation of a family provision claim.

Wills and estates are usually disputed for four general reasons:

• The testator faced undue influence when making the will.
• They were not of sound mental capacity when creating the will.
• Breach of trust claims – that the executor has not executed the will lawfully.
• Maintenance claim – when a dependant has been omitted from the will or inadequately provided for under the will.

How do I dispute the will or estate?

A family provision claim is a method used to challenge a will that someone feels they have been unjustly excluded from. If successful, a claimant can receive a larger portion of the estate than originally allowed for in the will.

Under the Succession Act 2006, a family provision claim must be brought within 12 months of the testator’s death, an application outside of this timeframe would only be allowed under extenuating circumstances. During these first 12 months, a claim may be submitted to the Supreme Court by an eligible applicant(s) including:

• Spouse of the deceased persons at the time of death
• Person in a de facto relationship with the deceased persons at the time of death
• Child of the deceased person 
• Former spouse of the deceased person
• Person living with the deceased person in a close personal relationship at the time of death
• Person who was at any time depended on the person, wholly or partly
• Grandchild and/or a member of the household of which the deceased person was a member. 

How Bale Boshev can help:

Bale Boshev Lawyers have been assisting clients in estate or will disputes for over 40 years. If you believe that yourself or any of these people have been unfairly impacted by a will, or if you require any general advice regarding will disputes, ask for Joshua Hay at Bale Boshev on (02) 4969 1522

An increasing aspect of Josh’s work involves estate litigation, where he acts and advises executors, trustees, administrators, beneficiaries and other interested parties concerning estate disputes including unfair wills and the seeking of family provision orders, contested probates and the validity of wills. Josh takes a down to earth, pragmatic and commercially savvy approach which enables him to get the job done for his clients without fuss.