disputing wills & CHALLENGING ESTATES
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.Â
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 youÂ
- 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.