Can You Dispute a Will if You Don't Agree with its Content?
Posted on: 10 May 2023
When someone who was close to you passes away, it is often very difficult, and dealing with a contested will can make it even more challenging. If you find yourself in a situation where you don't agree with the content of a will, you may be wondering if you can dispute it or not. What do you need to consider if you're in this situation?
What Does the Law Say?
The laws surrounding will disputes are often governed by legislation in a particular state or territory. Generally, in order to be able to dispute a will, you must be a person who would be entitled to a share of the deceased's estate if the will were found to be invalid. This could include the deceased's spouse, children, or other dependents.
What Grounds Do You Need?
There are several grounds on which you may be able to dispute a will in Australia, including the belief that the will had not been executed properly. Also, you may have grounds if the deceased lacked capacity when they created the will, or if you believe that the will was altered fraudulently. In order to dispute a will, you will need to provide some supporting evidence, and you really ought to seek legal advice to help guide you through this process.
What's the First Step?
If you do decide to dispute a will, the first step is to attempt to resolve the matter outside of court. This could involve discussing the matter with the other beneficiaries of the will, attempting mediation, or engaging the services of a professional will dispute resolution service. If this is not successful, you may need to take the matter to court.
Should You Proceed?
It's important to note that disputing a will can be a lengthy and expensive process — even more so if it ends up in court. For this reason, it's important to carefully consider whether disputing the will is the right course of action for you. In some cases, it may be better to simply accept the contents of the will and move forward.
The Takeaway
Remember, this process can be hard to deal with. However, there are several grounds on which you may be able to dispute a will if you don't agree with its content. If you do decide to dispute a will, it's important to seek legal advice and be prepared for a potentially lengthy and costly process. Ultimately, it's up to each individual to decide whether disputing a will is the right course of action for them, but the good news is there are some competent specialists on hand to help. For more information, contact a family lawyer near you.
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