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Defend a Will Against Unfair CLAIMS

A no nonsense approach is essential when you Defend a Will and/or any challenge to an Estate.

People challenge Estates because of greed or perceived unfairness, so we get straight to the point and push back hard by leading negotiations, settlement proceedings and court if need be.

If you’re the executor of an Estate, you are the person responsible to Defend and Distribute the Estate in accordance with the deceased person’s wishes and that’s where we step in to help.

Defend a Will - Aussie Wills and Estates Lawyers

Get started and defend a will with these easy steps…

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Let our Estates team assess the claim, prepare your Defence and give you some proper Legal advice

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Leave the fight to us and we'll do our best to get you a positive outcome without the need for a costly court case

Defend a Will FAQs

Why do people Contest estates ?

In recent years there has been a big increase in the number of claims being made against deceased estates, this may be from Greed, perceived unfairness, increasing house prices and perhaps just a more litigious culture,  these are just a few reasons why people attempt to get more out of a person's Estate. 

What Are Will Disputes About ?

Will disputes are an argument about the terms of a Will between the person making the claim and the beneficiaries of the estate. As an executor, you must act in the best interests of the estate, and make sure the beneficiaries are aware of the claim and seek their own legal advice. 

 

What is the Role of the Executor?

As an executor, you are responsible for the proper distribution of the Estate in accordance with the deceased person’s wishes. If someone decides to challenge the will, there are several things you can and should do. An executor must act in the best interests of the estate, and make sure the beneficiaries are aware of the claim and seek their own legal advice. If you are both an executor and a beneficiary, it is crucial that you seek separate legal representation for each of your roles.  

Common Reasons A Claim Is Made Against An Estate

The Will does not make adequate financial provision for a person when it should have done so

The Validity of the Will is challenged by potential beneficiaries

Undue Influence was put on the deceased to make a Will in the terms that it was made

The deceased did not understand the terms of the Will because of mental incapacity 

The deceased did not know or approve of the contents of the Will

The Will was created under suspicious circumstances or not executed correctly 

 

When Do I Seek Legal Advice ?

You should seek legal advice from the moment you are made aware of a challenge against the estate. Failing to act correctly could result in legal action being taken against you. A specialist solicitor will help you understand if the challenge has a sound basis and how to best proceed. It is important that the solicitor you choose to assist you was not involved in drafting the will.

Resolving The Issue

Will disputes can be resolved through participation by the parties in a process called mediation. This is a less formal process than going to court where the parties sit down together and come to an agreement with the help of a specialist lawyer to resolve the issue, and generally has a high rate of resolution. If that process fails your lawyer will start court proceedings, however this should be a last resort. 

We understand how to support clients through the emotional strain caused when a will is challenged, guiding you through the mediation process and forming the best defence to ensure, as far as possible, the wishes of the deceased are honoured.

the Smith Family

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