Unfair Will?
If you are left out of a will or are left with an insufficient amount, we can bring a claim for you or seek to negotiate a fair settlement. We also advise and act for Executors facing a will challenge to ensure you are taking all the right steps and measures for the estate and protect yourself in the process.
How Do You Challenge An Unfair Will?
You do not necessarily have to go to Court to challenge a will. Depending on the circumstances you can contact the Executor or Administrator of the Estate and then seek to negotiate a settlement, though you have to be careful that you have enough information to assess whether any offer you get is fair or not.
Often claims will settle at a Court appointed mediation. This can be a better forum to resolve a dispute as the parties are required to follow Court rules and are generally aware of what evidence each other has through the Court process. In negotiations outside the Court process, you may not be able to get all the information from the Estate representatives required to properly assess and argue your claim.
If claims don’t settle at a Court mediation, then they generally go to final hearing. This is a hearing where the Court considers your evidence and arguments and the evidence and arguments of the Estate. You will generally need to submit an affidavit setting out things such as why you are eligible to make a claim, the nature of your relationship with the deceased and your financial circumstances and needs.
Further Information
For further information you can refer to the following pages on this site:
Feel free to use our site for your own research. But note that every case is different and the information here may not be right for your specific case. The information here is only for your general knowledge and not to be read as legal advice.