Will Disputes

Disputes over a Will occur when individuals question the provisions of a will or believe that they have not been adequately provided for in the distribution of the deceased person’s assets.

Here are some key points to understand about will disputes in South Australia:

1. Grounds for disputes: Will disputes can be based on various grounds, including:
   • Lack of testamentary capacity: If it is believed that the deceased person did not have the mental capacity to understand the nature and consequences of making a will at the time it was created.
   • Undue influence or coercion: Allegations that the deceased person was improperly influenced or coerced into making certain provisions in the will.
   • Lack of formalities: Challenges related to the execution and witnessing of the will, such as failure to comply with the legal requirements for creating a valid will.
   • Invalid or ambiguous provisions: Disagreements over the interpretation of specific terms or provisions in the will that may be unclear or contradictory.
   • Family provision claims: Claims by certain eligible individuals (such as spouses, children, or dependents) who believe they have not been adequately provided for in the will and seek a larger share of the estate.
2. Initiating a dispute: Will disputes are typically initiated by filing a claim or application with the Supreme Court of South Australia. The person challenging the will, known as the claimant or plaintiff, must demonstrate their legal standing and provide evidence supporting their case.
3. Mediation and settlement: In some cases, the court may encourage or require mediation to resolve the dispute amicably. Mediation allows parties to negotiate and reach a mutually acceptable settlement without the need for a court trial.
4. Court proceedings: If mediation fails or the parties cannot reach a settlement, the court will proceed with a formal hearing to determine the validity of the will or address the disputed issues. The court will consider the evidence presented by both sides and make a judgment based on the applicable laws and legal principles.
5. Court’s decision: The court can make various decisions, including upholding the validity of the will, declaring it partially or wholly invalid, interpreting ambiguous provisions, or adjusting the distribution of assets to accommodate family provision claims. The court’s decision is legally binding and must be followed in administering the estate.

Will disputes can be complex and emotionally charged, requiring the expertise of legal professionals specializing in estate litigation. It is important to seek advice from a qualified lawyer experienced in wills and estates law in South Australia to understand your rights, assess the strength of your case, and navigate the legal process effectively.