Hannaway Lawyers Pty Ltd
Will Dispute Assistance Based in Port Macquarie
Will disputes arise when the validity, fairness, or interpretation of a will is challenged, often involving family provision claims, testamentary capacity, or undue influence allegations.
Understanding Will Disputes
Local Assistance with Will Disputes
Contested wills are among the most common matters in estate law, often surfacing when relatives or dependants feel they have been excluded or treated unfairly in the distribution of assets. These disputes are not simply about disagreements over money or property; they frequently involve sensitive family relationships, emotional circumstances, and questions of legal interpretation.
Hannaway Lawyers Pty Ltd, based in Port Macquarie, assists with a wide range of will dispute matters, including family provision claims, contested probate, and challenges to the validity of wills. With formal accreditation in both family and criminal law, the firm approaches complex estate disputes with a detailed understanding of the legislation that governs inheritance matters in New South Wales.
Clients in Hastings, Macleay, Taree, Forster, and surrounding regions have access to clear information about how courts handle disputes, what evidence is considered, and what procedures apply.
For enquiries about will dispute matters, call (02) 6584 5510.
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Frequently Asked Questions
What is a will dispute?
A will dispute occurs when the validity or fairness of a will is challenged in court. Common reasons include claims that a person was unfairly excluded, questions about whether the deceased had the capacity to make the will, or allegations of undue influence. Disputes may also involve technical issues, such as whether the will was signed and witnessed correctly. Courts in New South Wales examine evidence and apply legislation such as the Succession Act 2006 (NSW) to determine whether the will should stand or be varied.
Who can contest a will in NSW?
In New South Wales, only certain eligible people can contest a will under the Succession Act. This includes spouses, de facto partners, children (including adopted children), stepchildren, and dependants who were financially supported by the deceased. Grandchildren may also be eligible if they were dependent on the deceased. The court considers whether the claimant has been left without adequate provision for proper maintenance, education, or advancement in life. Eligibility is determined strictly by law, and claimants must usually prove both their relationship to the deceased and their financial need.
What are the grounds for contesting a will?
Grounds for contesting a will include:
- Lack of testamentary capacity – where the deceased was unable to understand the nature and effect of making a will.
- Undue influence or coercion – where pressure or manipulation affected the deceased’s decisions.
- Improper execution – if the legal requirements for signing and witnessing a will were not met.
- Family provision claims – where an eligible person seeks further provision from the estate.
Courts assess these claims based on legislation, medical and financial evidence, and the circumstances of the deceased and beneficiaries.
Assisting With Will Disputes
Types of Disputes
Will disputes can arise in several different situations, each requiring careful assessment of legal and factual issues. Family provision claims are one of the most common, made when an eligible person such as a spouse, child, or dependent argues that they have not received adequate provision for their maintenance or advancement in life.
Other disputes centre on testamentary capacity, where it is questioned whether the deceased understood the nature and effect of creating the will at the time it was made. Claims of undue influence occur when it is alleged that pressure or manipulation led the deceased to make decisions they otherwise would not have made.
Disputes may also involve allegations of fraud or challenges to whether the will was signed and witnessed in accordance with legal requirements. Courts consider medical records, witness testimony, and documentary evidence to reach a decision, with outcomes depending on the facts and legislation relevant to each case.
