Contested Wills
Bruno Lawyers are experts in providing dedicated, high-quality assistance in matters related to disputed wills. Our experienced team understands the sensitive nature of these disputes and is committed to guiding clients through each step of the process with clear advice and attention to detail. We approach every case with a tailored strategy, ensuring our clients’ voices are heard and their legal rights are protected.
Whether you’re contesting a will, defending against a claim, or seeking to resolve complex family disagreements over an estate, we work diligently to secure a fair and timely outcome. We strive to make the legal process as clear and straightforward as possible, keeping you informed and supported at every stage. Let us help you navigate your will dispute with confidence and peace of mind.
Contested Wills in South Australia
In South Australia, a will can be disputed under several specific circumstances, generally related to concerns about its validity, fairness, or the intentions of the deceased.
Disputing a will is a complex process that requires a solid understanding of legal principles and evidence. It’s often necessary to act quickly, as there are time limits for challenging a will in South Australia, especially for family provision claims. Engaging an experienced wills and estates lawyer can help in assessing your rights and options if you believe a will should be contested.
When can a will be disputed?
Lack of Testamentary Capacity
For a will to be valid, the person making it must have the mental capacity to understand the implications of their actions at the time the will was created. This includes understanding the nature of the document, the extent of their assets and who might have a claim to those assets. If there is evidence that the testator lacked capacity due to factors like mental illness, dementia, or intoxication, the will may be open to challenge.
Undue Influence or Coercion
A will can be contested if it’s believed that the testator was pressured, manipulated, or coerced by another person into making decisions that don’t reflect their true wishes. This can occur in situations where someone uses their relationship with the testator to control the distribution of the estate in their favour.
Fraud or Forgery
If there is evidence that the will was created or altered fraudulently or that the testator’s signature was forged, this can be grounds for a dispute. Fraudulent actions like misrepresenting the contents of the will or altering it without consent can invalidate the document.
Failure to Comply with Legal Formalities
In South Australia, a will must meet specific legal requirements, including being signed by the testator in the presence of two witnesses, who must also sign the will. If these formalities are not met, the will may be deemed invalid, although the Supreme Court of South Australia has the discretion to accept informal wills under certain circumstances.
Family Provision Claims
Under the Inheritance (Family Provision) Act 1972 (SA), certain eligible family members who feel they’ve been unfairly left out of the will or inadequately provided for can make a claim for a share (or greater share) of the estate. Eligible persons include the spouse or domestic partner, children (including stepchildren), and other dependants who were financially supported by the deceased. The court will assess these claims based on factors like the claimant's financial needs, relationship with the deceased and the size of the estate.
Suspicious Circumstances
A will may also be disputed if there are unusual or suspicious circumstances surrounding its creation. For example, if the will was made shortly before the testator's death under unusual conditions, this could warrant a closer look to ensure the will genuinely reflects the testator's intentions.
Did you know?
The court has the power to accept ‘informal wills’, even if they don’t meet the usual legal requirements. This can include unconventional documents like handwritten notes, text messages, or even video recordings, as long as the court believes they truly reflect the deceased's intentions.
Why have us assist you?
Having assistance from a lawyer is essential in disputed will cases because they provide expertise in assessing the legal grounds for a challenge, navigating strict procedural requirements and advocating for a fair outcome.
At Bruno Lawyers, we understand complex South Australian estate laws, ensuring all deadlines are met and evidence is properly presented. Where possible, our firm seeks to resolve issues outside of court, saving time and reducing costs. We can help protect your rights, and financial interests.
