disputing wills & CHALLENGING ESTATES
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Being unexpectedly left out of a family member’s Will can be an upsetting and confusing experience. It’s especially difficult if you are aware that you had been named a beneficiary in an earlier Will or if the deceased person had led you to understand they intended to leave you a particular item or sum of money.
Disputes over deceased estates are complex and often emotionally charged, so strong, experienced legal representation is essential.
If the children, spouse and other family members of a deceased person believe they have been unfairly treated, they may be able to dispute the Will and claim compensation against the estate. People outside the family who can demonstrate a close and meaningful relationship with the deceased may also have a basis to dispute the Will.
A Will can be challenged for many reasons, including (but not limited) to the following:
- It can be shown that the deceased did not have the capacity to make a Will at the time it was signed
- It can be shown that the Will was made under the influence of others
- It can be shown that the deceased had a responsibility or moral obligation to provide for you
- It can be shown that one of the beneficiaries or trustees of the will has failed to administer the Will properly
Get advice as quickly as possible
You only have six months from the Grant of Probate to lodge a claim, so if you plan to dispute the contents of a Will, contact Carbone Lawyers today. The estate will pay the legal costs if you have a viable claim against a will.
Other reasons you may need legal advice
The experienced team at Carbone Lawyers can also assist executors and beneficiaries of Wills if:
- They are responsible for probate and administration of a high-value estate
- The assets and entitlements of an estate, as stipulated under the Will, have not been administered appropriately
There’s a lot of misinformation and myths about Wills, so seek proper legal advice to know where you stand.
Estate Planning
At Carbone Lawyers, we also offer estate planning services for individuals and families concerning complex and high-value estates. We can work seamlessly with your financial, tax and accounting advisers to provide legal advice on the implications of various structures, including concerning companies and trusts, superannuation, and shares and property investments.
If you require clear and accurate advice on estate planning matters, secure your family’s financial future today and contact the expert team at Carbone Lawyers for an obligation-free, confidential discussion.
FAQs on Challenging Wills and Probate
What is probate? And when is it required?
Probate is a legal process that confirms the validity of a will and grants the executor the authority to administer the estate. Not all wills require probate, typically just estates including significant assets (often but not always when exceeding $50,000), or where the will is contested will require executors to obtain a Grant of Probate.
How Do I Contest a Will in Victoria?
Contesting a will involves legally challenging its validity or the distribution outlined within it, with common grounds for contesting including a lack of mental capacity when the will was made, undue influence, inadequate provisions for family, or improper execution of the will.
Claims must be made within six months of the Grant of Probate and the process can be complex, requiring solid legal grounds and evidence. Carbone Lawyers are experienced in will dispute and can help you understand your rights and the likelihood of a successful challenge.
What is a Family Provision Claim, and Who Can Make One?
A Family Provision Claim is a legal challenge made when a person believes they were not adequately provided for in a deceased’s will. Eligible claimants include spouses, children, de facto partners, and sometimes dependants or those who were financially reliant on the deceased. For a better understanding of your options and guidance on making your claim, reach out to Carbone Lawyers today.
How Can I Protect My Estate from Future Disputes?
As well as drafting and regularly updating your legally sound Will, you can protect your estate from disputes by considering the potential claims of all dependants, communicating your intentions to your beneficiaries, and keeping comprehensive records. Carbone Lawyers offers estate planning services for individuals and families with high-value estates looking to minimise ambiguity and conflict, book a confidential discussion today to safeguard your assets and ensure your wishes are carried out.