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A
will can be challenged if there is suspicion that it does
not reflect the intention of the person for whom it was
created. A family member who is in financial need can also
apply to court to obtain some (or some more) of the deceased's
property.
Disputes
also often arise when there is no will.
How
can you avoid a dispute?
The
best way to avoid a dispute is to have a legally drafted
will that clearly states you intentions, and to review that
will regularly to see that it is up to date. If you instruct
us to draft your will, we can advise you on how to minimise
the possibility of your will being challenged or your estate
being distributed other than how you intend.
When
are wills normally challenged?
Wills
are often challenged by a spouse (including a de facto spouse)
or children who feel that they were not properly provided
for in the will. This commonly happens where the deceased
person has remarried or repartnered and the spouse, ex spouse
and the children from each relationship have competing interests.
Some wills are challenged when it is alleged that undue
pressure was applied to the person who made the will. And
sometimes it is alleged that the person who made the will
did not have the mental capacity to do so .
What
happens when wills are challenged?
Whatever
the origin of the dispute our first step is to get a copy
of the will, and to make an assessment about the likehood
of the claim being successful. We try to resolve these disputes
quickly and cost effectively, by negotiation. If that isn't
possible we have the skills and experience to take the claim
to court. We can also take action to make sure that the
assets in the estate are protected while the dispute is
being resolved.
When
must a claim be made?
A
claim must be made with in 6 months of Probate being granted.
We recommend that you get legal advice as soon as possible
after the dispute arises.
Which
solicitors practise in this area?
Our
solicitors who practise in this area are:
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