Will Dispute Case
The individual has lived in their parents' home in Western Australia for their entire life, providing care during their parents' illnesses and contributing financially to the property. While the parents verbally assured them that the house would be passed down to them, this is not explicitly stated in the will. The individual is concerned about the possibility of a will dispute and property dispute due to this omission and seeks clarification on their rights and the implications of the current estate planning situation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I challenge a will if my parents verbally indicated the house was intended for me, but it's not specified in the will?
You may challenge the will through a process known as "contesting the validity of the will" if you believe it doesn't reflect your parents' true intentions. Grounds for contesting may include lack of testamentary capacity, undue influence, or fraud. Furthermore, you might explore a "promissory estoppel" claim if you can show that you relied on your parents' promise to your detriment. It may be beneficial to consult a solicitor specializing in probate disputes to evaluate your case and determine the best course of action.
What kind of evidence is necessary to support my claim if the will doesn't accentuate my inheritance as I was led to believe?
To substantiate your claim, you should gather evidence that indicates your parents' intentions regarding the house. This could consist of written communications, such as letters, emails, or text messages where your parents expressed their wishes, as well as testimonies from witnesses who recall conversations supporting your claim. Additionally, documentation of your financial contributions towards the property could further strengthen your case.
Are there any deadlines I need to be aware of when contesting a will in Western Australia?
In Western Australia, the general deadline for contesting a will is six months from the date of the Grant of Probate. This standard period applies under the Inheritance (Provision for Family and Dependants) Act 1975. While there may not be a strict time limit for claims regarding lack of capacity, undue influence, or improper execution, it is advisable to act promptly.
How might my contributions towards the house influence the outcome of the dispute?
Your contributions to the property may significantly affect the outcome. Under Australian law, if you can demonstrate that you made substantial contributions with the understanding that you would inherit the property, you might have a claim based on proprietary estoppel. This would require you to prove assurance, reliance, and detriment.
What potential costs and risks are involved in pursuing this will dispute?
Pursuing a will dispute can incur significant costs and risks. Legal fees may accumulate, especially if court proceedings are involved, including solicitor fees, barristers, court fees, and potentially the other party's legal costs if you lose. Additionally, the emotional toll and strain on family relationships should be taken into consideration.
