When someone close to you dies, this typically leads to a mourning period. However, it can sometimes lead to some consternation, especially if you feel you have not been properly accounted for within their will. In this case, you may be thinking about disputing the content of their deceased estate, but is this possible? How could you go about it?
What Is a Deceased Estate?
A deceased estate is all money and property owned by someone who has passed away. When somebody dies, their will is passed through the court system to get a 'grant of probate' or letters of administration. This establishes that the will is valid and appoints an executor/administrator responsible for managing the estate. The executor/administrator must then distribute the assets according to the instructions in the will (or as directed by law if there is no will).
Can You Dispute the Content of a Deceased Estate?
Yes, it is possible to dispute a deceased estate. However, it can be complicated and time-consuming. It's important to understand that if you wish to dispute a deceased estate, you must do so within a certain amount of time from the date when probate was granted or letters of administration were issued. After this period has expired, any claims made against an estate are considered 'statute barred' and cannot proceed.
The most common reason for contesting a will is inadequate provision for family members (including spouses, former spouses, children and other dependents). To contest the estate successfully, however, you must prove that it did not provide you with enough financial support. You need to take into account many factors, such as your exact relationship with the deceased, the amount of time you may have spent with them, the work you may have performed to sustain them and so on.
Also, remember that the legal system will take into account the needs of others mentioned in the will and how their interests could affect the distribution of the estate. If your claims are considered too large or adversely affect other interested parties, your case may not succeed.
What Should You Do Next?
Various processes are involved when disputing a deceased estate in Australia. However, you need to understand your rights at this difficult time, and this should allow you to navigate the process more easily. If you believe that your rights have been adversely affected due to improper handling of a will or trust document, you should speak with an experienced lawyer. When you engage their services, they can help ensure that your interests are protected throughout this process.
Contact a lawyer for more information about deceased estates.
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