In reality, there is no foolproof way of creating an uncontestable will, according to the guidelines set by the Australian Commonwealth. You can, however, create necessary safeguarding measures to make it difficult for anyone to challenge any will.
The trick is to know and understand the grounds for challenging a will. Then, you can manipulate individual variables to reduce the chances of a successful contested will. Remember, the key is to create an unambiguous will with robust wishes and statements that explicitly state your desires.
Who are the people eligible to raise objections?
When you are writing a will, you should create a separate letter expressing your intent and reasons for leaving your properties to someone. In essence, this serves as a legal document that the court will scrutinise when a dispute happens.
There are also specific instantaneous reasons for challenging a will. For example, when the person creating the will changes it in a state of emotional distress—this could be in a state of anger, sadness, or pressure. Because of that, experts recommend waiting for a few days for your mind to clear out when revising your will because the changes may be something you would soon regret.
Remember that specific criteria need to happen before a dispute of will is eligible for filing. The first consideration is that you can only file your contest in the territory where the deceased resided when they were still living. Their properties should also be there. Then, the person challenging the will must prove that they are qualified to contest as an “Eligible Person.” Remember that you need to consider each state’s laws and rules oncontested wills because they vary greatly.
In most cases, however, siblings are not eligible people to dispute a will. The law prioritises immediate family like spouses—including ex-spouse—children, grandchildren, and even lawfully recognised dependents. The contester must establish that the deceased has a continuing responsibility to provide financial support, which should be a continued duty after their death.
How to make a difficult-to-contest will?
People can challenge a will after probate within six months, but there are some instances where the court acknowledges a contest after the said period. However, this is strictly on a case-to-case basis, which requires legal advice. The state also must pay the court fees, which saves the contester from any financial responsibility.
There are five circumstances to challenging a will. You can use them to your advantage by strengthening the creation of your will. The first grounds for a will dispute is that there is evidence of tampering. Second, the deceased did not create the will themselves. Third, another person influenced the deceased’s decision. Fourth, the dead lacked the mental stability or capacity to develop arrangements themselves. Fifth, there are no proper provisions to the deceased’s dependents.
With that said, you must create a will that states everything explicitly, so you must carefully formulate each sentence to be clear and precise without any chances of being subjected to misinterpretation. It’s best to leave an explanation on a separate letter to explain your will’s structure and reasoning. In doing so, you can safely leave someone out of our will, and the court has no choice but to acknowledge it.
Are you looking for a disputed wills lawyer in Sydney? Reach out to us today to see how we can help.
This article is intended to provide general information.
You should obtain professional advice before you undertake any course of action.