Can I Challenge a Wills?

Losing a loved one is a worrying time, and can be made worse if there is a disagreement regarding the Wills left behind by the deceased. When someone drafts a will, there are strict rules that need to be followed and if there is doubt or concern about how it is drafted, it can challenge the validity of the Wills.

Who Can Challenge A Wills?

Generally, anyone who is a beneficiary or is likely to benefit from a Wills is able to counter it. These people include;

  • A blood relative or spouse
  • Someone who was financially dependent on the deceased
  • Someone named in the earlier will
  • The deceased owes someone a debt
  • Someone was promised something in the will by the deceased, but was not included in the will

Also, if you were to inherit from a will, but it was not prepared properly, you may be able to file a professional negligence claim against the person who drafted it.

The rules regarding who has the right to challenge the will are complex, so it makes sense to seek legal advice before making a claim.

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What Are The Grounds For Challenging A Wills?

There are many reasons why you can challenge Wills. Common grounds for contesting an election would include;

  • Lack Of Testament Capacity – The person who made the testament was not of sound mind at that time.
  • Lack Of Knowledge And Approval – The person Making A Wills was not aware of it and did not knowingly approve the contents of the will before signing it.
  • Undue Influence – At that time the person making the will under the will or under the will was affected.
  • Fraud Or Forgery – A bequest is believed to have been committed by someone other than the deceased or someone has intentionally deceived the will to change the will for their benefit.
  • Correction – Will was non-prepared or had a clerical error that failed to fulfil the deceased’s intentions.
  • Lack of Valid Execution – the Will is invalid because it does not meet one or more of the requirements lay down in the Wills.

How Long Does It Take To Challenge A Will?

Challenging a will can be a long and complicated process, which varies from a few months to a few years, depending on the circumstances. It is a good idea to try to resolve any issue through mediation where possible, which can help save time, reduce costs and avoid going to court.

However, there are time limits when challenging a Wills, which varies depending on the circumstances. For example, there is no time limit when choosing a will based on fraud, but if you are making a claim under the Inheritance Act, there is a time limit of six months from the date the probate is given. Generally, the sooner you can make your claim, the better.

Can a Wills be challenged after probate is granted?

Once probate is granted, it can be a bit more difficult to challenge the will, especially if the assets are being distributed to the beneficiaries. Where possible, your claim requires that any property be deposited prior to the partition.

If you can potentially submit your claim with evidence quickly, you may be able to stop the grant being released. You can prevent probate from being given by filing an alert in your local probate registry for a small fee. It lasts for six months and can be extended if necessary.

This is a complex area of ​​law, so it is necessary to seek legal advice before submitting any claim.

Help challenge a wills

If you need help challenging the Wills, get in touch with Jackson & Associates expert dispute resolution Solicitors in Adelaide Hills. We aim to resolve disputes as quickly and cost-effectively. Call us today on 08 8278 8566

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