Estate Litigation
A Will is a legal document providing for the distribution of the Willmaker’s property which is to take effect after the Willmaker’s death.
Wills can be challenged by:
Individuals who have reason to doubt the validity of the Willmaker’s last Will; and
Beneficiaries who:
Feel aggrieved by not being included in the Will; or
Believe adequate provision has not been made for them in the Will.
Litigation involving disputes over Wills is more common than most people think. There is no such thing as a “water tight” Will.
WHAT IS A WILL DISPUTE
Wills can be challenged for one or more of the following reasons:
Doubts concerning the Willmaker’s mental capacity at the time the Will was signed
Concerns over whether the Willmaker freely and voluntarily signed their Will
Beneficiaries feeling aggrieved by entitlements made or not made under the Will
Concerns over the meaning and effect of the drafting of the Will
Promises made by the Willmaker during their lifetime which are not reflected in the Will
Concerns whether a document made electronically by a Willmaker, and which purports to be a last Will, is in fact a valid Will
Many Will disputes are settled before reaching a hearing in the Court as settlements are encouraged through mediation.
WHERE TO SOURCE HELP WITH WILL DISPUTES
Some Will disputes require action to be taken within very strict time limitations (eg within 9 months of the death of death of the Willmaker). If legal action is not commenced within the limitation period more often than not a claim will fail.
In order to commence a claim, you need to:
Obtain a copy of the relevant Will and certificate of death
Collect relevant information as best you can (eg circumstances surrounding the making of the Will)
Obtain as much information as possible on the Willmaker’s medical history and conditions
Compile a list of the estate assets
Compile a list of the surviving dependants (if any)
Particulars of your relationship with the deceased
Legal advice on a Will dispute needs to be obtained promptly after the death of the Willmaker.
If you would like to seek advice or require assistance in relation to a Will dispute contact John and the team at JDS Lawyers today to discuss your enquiry.