Commercial lease disputes can be a significant source of stress for landlords and tenants, potentially disrupting business operations and damaging relationships. Whether the issue arises from unpaid rent, maintenance responsibilities, or lease termination, resolving disputes efficiently is crucial. Here, our Szabo & Associates Solicitors' property dispute lawyers outline several strategies to help navigate and resolve commercial lease disputes in NSW.
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There are several legal grounds for contesting a will in NSW:
- Lack of testamentary capacity: The deceased person did not have the mental capacity to understand the nature and effect of their will at the time of its execution. This could include conditions like dementia, severe mental illness, or the influence of drugs or alcohol.
- Undue influence: Another person exerted undue pressure or coercion on the deceased, forcing them to make provisions in their will that they would not have otherwise made. This could involve threats, intimidation, or taking advantage of their vulnerability.
- Fraud: The deceased was deceived or misled into signing a document they believed to be something other than their will.
- Forgery: The will is a complete forgery, and the deceased did not sign it.
- Failure to meet formal requirements: For a will to be valid in NSW, it must comply with specific legal formalities, such as being in writing, signed by the testator, and witnessed by at least two people.
- Inadequate provision: Under the Succession Act 2006, eligible persons can claim that the deceased failed to make adequate provision for their proper maintenance, education, or advancement in life.
Who Can Contest a Will?
The Succession Act outlines who is eligible to contest a Will including:
- A spouse, ex-spouse, or de facto partner
- Children, including adopted children
- Stepchildren or grandchildren who were dependent on the deceased
- A person who was in a close personal relationship with the deceased
The Process of Contesting a Will
Contesting a Will involves several steps:
- Seek legal advice: Consulting our experienced lawyers is essential to evaluate your claim and guide you through the process.
- File a claim: You must apply with the Supreme Court of NSW within 12 months of the deceased's death. Exceptions may apply in certain circumstances.
- Mediation: We can resolve many disputes through mediation, which is often faster and less expensive than court proceedings.
- Court hearing: If mediation fails, the matter proceeds to a court hearing, where a judge will decide based on the evidence presented.
Potential Challenges
Contesting a Will can be challenging and emotional draining. Potential challenges include:
- Burden of proof: You will need to provide strong evidence to support your claim. The burden of proof generally lies with the person contesting the will.
- Legal costs: Legal fees can be significant, but courts may order that costs be paid from the estate.
- Time-consuming: The legal process can be lengthy and time-consuming.
- Emotional toll: Contesting a will can be emotionally challenging, especially for family members who may be grieving a loved one's loss.
Contact Szabo & Associates Solicitors Today
Contesting a will in NSW is legally complex and emotionally charged. Understanding your rights and obligations can help you navigate this challenging time. If you believe you have grounds to contest a will, contact us today to schedule a consultation to discuss your case and protect your interests.