Being left out of a Will can be an emotional and confusing experience. Whether you were promised something that didn’t eventuate, or you’re simply unsure why you weren’t included, it can be hard to know what to do next. The good news is that you may have options. Here’s a simple guide to understanding estate disputes and when it’s time to speak to a lawyer. 

1. You’ve been left out of a Will or received less than expected

If you’ve been left out of a Will completely or received a smaller portion than expected, and you were financially dependent on the deceased, you might be eligible to make a claim. These types of claims are called Family Provision claims, and they exist to ensure that people who had a close relationship with the deceased aren’t unfairly left out. 

Common claimants include: 

• Spouses or former spouses 

• Children (including adult children) 

• Stepchildren or grandchildren 

• People who lived with or were financially dependent on the deceased 

Every situation is different, and time limits apply, so it’s important to act quickly. 

2. You’re concerned the Will isn’t valid

Sometimes, it’s not just about who gets what… it’s about whether the Will is valid at all. You might have grounds to challenge a Will if: 

• The person making the Will didn’t have the mental capacity to understand what they were doing 

• The Will was made under pressure or influence from someone else 

• The Will wasn’t properly signed or witnessed 

If any of this sounds familiar, a lawyer can help you investigate further and work out your next steps. 

3. You’re facing resistance from other beneficiaries or the executor

If tensions are running high, communication has broken down, or you feel like you’re being kept in the dark, it may be time to get legal advice. Executors have a duty to act in the best interests of the estate and the beneficiaries – but if they’re not doing that, they can be challenged. 

Disputes can also arise between siblings or family members over who gets what, or how the estate is being managed. Having a lawyer involved can help reduce conflict and ensure your rights are protected. 

What should you do next? 

Estate disputes can be complex and emotionally draining – but you don’t have to navigate them alone. Whether you’re thinking about contesting a Will, challenging its validity, or you’re just unsure about your rights, speaking to an experienced lawyer early can make all the difference. 

At TGB Lawyers, we help people resolve estate disputes with compassion and clarity. If you’ve been left out of a Will or have concerns about how an estate is being handled, we’re here to help.