Understanding Deceased Estate Claims
Dealing with a deceased estate can be a challenging and emotional process, especially when questions about inheritance or the validity of a will arise. Deceased estate claims allow certain individuals to contest aspects of an estate’s distribution if they believe they have been unfairly treated or excluded. Understanding what these claims involve and the steps required can help simplify a situation that is often fraught with complexity.
What Are Deceased Estate Claims?
Deceased estate claims arise when disputes occur over a person’s will or the distribution of their assets after they have passed away. Under Australian law, individuals have the right to contest a will if they feel it is unfair, invalid, or does not properly account for their entitlements. Such claims usually fall under two categories. The first involves challenging the validity of the will itself—perhaps due to concerns over undue influence, fraud, or questions about the deceased’s mental capacity when creating the document. The second involves making a claim for further provision from the estate under the relevant family provision laws in each state or territory.
These claims are not about overturning the deceased’s wishes entirely but are instead designed to ensure a fair distribution of their assets. Courts strive to strike a balance between honouring the intentions outlined in the will and protecting the rights of eligible individuals who may have been incorrectly overlooked or insufficiently provided for.
The Process of Contesting a Will
The process of making a claim starts with seeking legal advice as soon as possible. Courts generally impose strict time limits for lodging claims, ranging from six months to a year after the grant of probate, depending on the jurisdiction. Early legal advice ensures claimants can act within these deadlines and fully understand their rights.
Once a claim is filed, parties are encouraged to try resolving the matter through negotiation or mediation before a court hearing. This step can often save time, stress, and costs for everyone involved. If a settlement cannot be reached, the matter proceeds to court, where a judge will review the evidence and make a final determination.
Given the legal complexities and emotional sensitivities surrounding deceased estate claims, professional guidance from solicitors specialising in estate law is highly recommended. They can help formulate a strong case, manage negotiations, and provide invaluable support during an inevitably stressful time.
Balancing Rights and Fairness
Deceased estate claims are an important legal mechanism for addressing injustices that may arise in the distribution of assets. At the heart of these claims lies the principle of fairness, giving eligible individuals the opportunity to ensure their needs and contributions are properly recognised. For those facing an inheritance dispute, understanding the process and seeking experienced legal counsel can provide clarity and confidence during what may be an incredibly difficult time.
Contact your local law company about filing deceased estate claims.
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