Dealing with a sibling dispute in a will can be emotionally taxing and legally complex. Whether you’re anticipating a conflict or already facing one, understanding the grounds for contesting a will, as well as the available methods for resolving these disputes, can help you manage the situation more effectively. This guide outlines the key considerations when dealing with sibling disputes, the grounds for contesting a will, and strategies for resolving these conflicts in a way that protects both your legal and familial interests.
Understanding the dispute
Challenging the Validity of a Will
A will challenge typically disputes the validity of the entire will. Common grounds for challenging a will include:
- Forgery or improper signing
- Lack of mental capacity of the deceased at the time the will was made
- Undue influence or coercion by a caregiver or family member
- The deceased did not understand or consent to the document they signed
If a challenge is successful, the will is declared invalid, and the estate is distributed according to the last valid will or under intestacy laws.
Contesting Provisions in a Will
More commonly, disputes arise over the provisions of a will, especially when a sibling or family member feels they have not been adequately provided for. These types of conflicts often involve arguments about fairness, perceived moral obligations, or financial dependency on the deceased. Courts give considerable weight to the deceased’s expressed intentions, and disputes are usually resolved in favour of the terms outlined in the will, unless there is clear evidence of unfairness or a failure to meet legal standards.
Elements of a Will contest in NSW
A successful will contest in NSW requires two key elements: the person contesting the will must be an “eligible person” and must prove the deceased had a moral obligation to provide for them, given the size of the estate and the claims of other beneficiaries.
Who is eligible to Contest a Will?
Under the Succession Act 2006 (NSW), “eligible persons” who may contest a will include:
- Children of the deceased (including adult children)
- Individuals who were dependent on the deceased at any point
- Grandchildren or members of the deceased’s household
- A person with whom the deceased shared a close personal relationship at the time of death
This broad category of “eligible persons” also includes stepchildren, siblings, and voluntary carers living with the deceased.
A moral obligation to provide
For a will contest to succeed, the claimant must demonstrate that the deceased had a moral obligation to provide for them. This is referred to as a Family Provision claim. When assessing this, courts typically consider:
- The financial position of the claimant
- The size and nature of the deceased’s estate
- The nature of the relationship between the claimant and the deceased
- The relationship of the deceased with other potential beneficiaries
For example, a financially dependent child or a live-in carer who provided significant support may have a stronger claim than an estranged adult child with substantial financial resources.
What to do
Preventing Disputes Through Estate Planning
A well-structured estate plan can help prevent sibling disputes in wills. Consider these strategies to reduce tension:
- Make lifetime gifts to address specific needs before death
- Consider establishing a trust within the will to manage complex family dynamics
- Communicate your intentions openly with all potential beneficiaries
- Appoint an impartial trustee to oversee the distribution of assets
Clear communication and careful planning can significantly reduce the likelihood of disputes.
Handling Active Disputes as an Executor or Beneficiary
If you’re acting as an executor or beneficiary and a sibling dispute in a will arises, it’s crucial to seek legal representation to navigate the complexities of the situation. Key steps include:
- Engaging a professional mediator to help resolve conflicts amicably
- Ensuring that all beneficiaries are aware of their entitlements under the will
- Seeking legal advice to understand your rights and obligations
- Remaining impartial and transparent in administering the estate
Professional legal advice is essential to prevent the dispute from escalating and to protect both your legal interests and family relationships.
Contact Us for Assistance
If you find yourself involved in a sibling dispute in a will, the wills and estates team at Owen Hodge Lawyers is here to help. We can guide you through the complexities of contesting or defending a will and assist with resolving conflicts efficiently. Contact us at 1800 770 780 or [email protected] to schedule a consultation and secure expert legal guidance in your inheritance dispute.