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Will disputes are an increasingly common occurrence in Australia, often arising when family members or other interested parties feel they have been unfairly treated in a deceased person’s will. This article aims to provide a comprehensive overview of will disputes in the Australian legal context.
In Australia, there are several grounds on which a will can be contested:
Each state and territory in Australia have its own legislation regarding who can contest a Will. Generally, eligible persons include:
It’s crucial to know the time limits for contesting a Will, these vary by state:
Will disputes can be costly, costs may include:
In some cases, costs may be paid from the estate. However, if a claim is unsuccessful, the claimant may be ordered to pay the estate’s legal costs.
To minimize the risk of will disputes, testators can:
Executors play a critical role in will disputes, acting as the primary defenders and administrators of the estate. Here’s an expanded explanation of their key responsibilities:
Executors are responsible for protecting the integrity of the will and the deceased’s wishes. This involves:
The executor must try to privately negotiate an outcome with any claimants before proceeding to court, as this is often in the best interest of the estate and beneficiaries.
Executors must act objectively and in the best interests of the estate, even if they are also beneficiaries. This includes:
In the event of a court proceeding, executors are responsible for:
Once a dispute is resolved, either through court decision or settlement, executors must:
It’s important to note that executors can be held personally liable for mismanagement of the estate or breach of their duties. Therefore, they must act diligently, honestly, and in good faith throughout the dispute resolution process
Will disputes can be complex, emotionally charged, and financially significant. Understanding the grounds for contesting a will, the process involved, and the potential implications is crucial for anyone considering challenging a will or being involved in estate planning. While the Australian legal system provides avenues for addressing perceived unfairness in wills, it also respects the wishes of the deceased as expressed in a valid will. Balancing these competing interests often requires careful navigation of legal principles and family dynamics. Given the complexity of will disputes, seeking professional legal advice is highly recommended.
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Contact us today at 1300 244 342 or send us an email at admin@kingsfordlawyers.com.au and one of our will lawyers will be happy to assist you.
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