Inheritance disputes are increasingly common in Australia, especially within blended families and complex estates. According to recent legal analyses, factors like unequal distribution, complex family dynamics, and exclusion from wills often lead to contested estates. For spouses and children aged 45–70, understanding your legal rights is crucial when facing such challenges. This guide, brought to you by Legal Finda, aims to demystify the legal processes involved in contesting a will and asserting inheritance rights in contested estates.
Inheritance rights in contested estates refer to the legal entitlements of eligible individuals—such as spouses and children—to claim a portion of a deceased person’s estate when they have been unfairly excluded or inadequately provided for in the will. These rights are protected under the Succession Acts of each Australian state and territory and aim to prevent dependents from being left destitute.
When disputes arise, eligible individuals can make a Family Provision Claim to the court, seeking a fairer share of the estate based on their relationship to the deceased and financial needs.
Under Australian law, both legally married spouses and de facto partners are recognised as eligible persons with strong inheritance rights in contested estates. If a spouse is excluded from the will or given an unfairly small portion, they may have grounds to contest the distribution.
Key factors the court considers include:
Australian courts aim to uphold fairness and ensure that surviving spouses are not unjustly deprived of inheritance.
Children—including biological, adopted, and sometimes stepchildren—also have the right to contest a will if they believe they’ve been inadequately provided for. Their inheritance rights in contested estates are evaluated based on:
Because wills can sometimes favour one child over another, especially in second marriages or estranged relationships, the courts carefully consider whether the testator had a moral duty to provide for each child.
Contesting a will in Australia involves several legal steps, which vary slightly across jurisdictions but generally follow a similar structure:
Several real-life scenarios often lead to contested wills, including:
Each of these circumstances involves complex emotional and legal challenges, making the protection of inheritance rights in contested estates all the more important.
Strict timeframes apply when asserting inheritance rights in contested estates:
Failing to lodge a claim within these deadlines may forfeit your right to contest, although exceptions can sometimes be granted under special circumstances.
When evaluating whether a will has failed to make adequate provision, courts assess a variety of factors:
The goal is to ensure that inheritance rights in contested estates are upheld, and that fair, reasonable outcomes are achieved for all parties involved.
If your claim is successful, the court may order a redistribution of the estate, such as:
These outcomes aim to rectify unfair provisions in the original will and secure the financial well-being of claimants.
Pursuing inheritance rights in contested estates can involve substantial legal fees. In many cases, the court may order that legal costs be paid from the estate—especially if the claim is successful. However, if the case is unsuccessful, claimants may need to cover their own costs and potentially contribute to the other party’s legal expenses.
Therefore, assessing the strength of your claim with a legal professional is critical before proceeding.
Navigating inheritance rights in contested estates is a challenging but essential process for those who believe they’ve been treated unfairly in a will. Whether you're a spouse, child, or other eligible family member, Australian law provides legal pathways to ensure that you receive the support and share of the estate to which you are entitled.
At Legal Finda, we understand the emotional and financial stress that comes with inheritance disputes. Our team of dedicated estate law professionals is here to guide you through every step—from assessing your eligibility to representing your claim in court.
Contact Legal Finda today to explore your legal options and secure your rightful inheritance.