Will Challenges & Estate Litigation.
There are two basic types of Challenges to Wills.
The first type of challenge is a common law challenge to the validity of the Will itself. The basic grounds for this type of challenge usually are:
The second type of challenge is under an act of parliament now known as the Family Provision Act. This allows a challenge based on a failure to provide properly for family members and those to whom the deceased should have properly had regard.
The Court has fairly wide discretion as to how they deal with such applications and what further provision (if any) an applicant may receive. This type of challenge can be made both to the provisions of a Will and to the statutory formula for distribution where no will exists.
In addition to these basic challenges there are diverse other types of deceased litigation, such as Court determinations as to who is a legitimate beneficiary of a Will, what does the Will mean and questions regarding the conduct of Executors, Administrators and Trustees of Deceased Estates.
Our staff are highly experienced in all areas of such practice and we pride ourselves on efficient, friendly and compassionate service.
Get an initial 45 minute consultation for just $75.00.
Probate and Intestacy
When someone dies you will generally have to make an application for a grant of Probate (if there is a Will) or Letters of Administration (if someone dies without a Will and Intestate).
In limited circumstances you may be able to avoid having to make such an application.
Our staff are highly experienced and strive to provide a cost effective professional and compassionate service in this area.
Generally in order to advise or assist you, we will require a copy of the relevant death certificate for the deceased and details of the assets and liabilities of the Deceased Estate at death.
Should you wish assistance and advice in this area please do not hesitate to contact us.