HOW DO PROCEEDINGS BEGIN?
The proceedings for will disputes in New South Wales can begin in several ways, depending on the circumstances of the case.
Some common ways include:
Mediation: Before filing a formal claim, parties may engage in a mediation process to resolve the dispute through negotiations. Mediation is a form of alternative dispute resolution that involves a neutral third party (the mediator) facilitating negotiations between the parties.
Filing a Summons: If mediation fails, the next step is usually to file a Summons in the Supreme Court of New South Wales. The Summons initiates court proceedings and must include a detailed statement of the facts and legal arguments that support the claim. The defendant will have an opportunity to respond to the Summons.
Seeking a Family Provision Order: If the dispute is over the provision made for a person’s maintenance, education, or advancement in life under a deceased person’s will or intestacy, the claimant may file a Family Provision Order (FPO) application. The FPO application must be filed within 12 months of the deceased’s death, and the court will consider various factors to determine whether the deceased adequately provided for the claimant.
Applying for Probate: In some cases, a dispute may arise over the validity of the deceased’s will. In such a case, a person may apply for a grant of probate from the Supreme Court. This is a legal document that confirms the executor’s authority to manage the deceased’s estate. The probate application may trigger a will dispute if another party contests the validity of the will.