LAWYER HELPLINE: ☎ 1800 455 260
Perth Will Dispute Solicitors - WA Contested Probate
Perth Will Dispute Lawyers are experts at challenging unfair Wills. Whether you have been left out of a Will or have been left an unfair share of inheritance, you should seek legal advice from a lawyer who will competently assess your potential claim and take action on your behalf to obtain your full entitlements.
Our solicitors have represented parents, children, de facto relationships and same-sex couples in all types of estate litigation matters throughout Western Australia. Free legal advice in relation to Will Challenges and Probate Disputes is available through our website. If you’re unhappy about how a Will is being administered and wish to protect your inheritance, call our free legal advice line or complete the on-line contact form. Should you wish to retain the services of one of our specialist solicitors, you may be eligible for No Win No Fee legal representation.
Do not delay in seeking legal advice, as time limits apply in all Will Dispute matters.
If you feel that you have been cheated out of your inheritance, it may be possible to take legal action. The Inheritance (Family and Dependants Provision) Act entitles certain categories of people to claim if a Will fails to make "adequate and proper provision for them". This includes children of the deceased, the deceased’s spouse and those who were dependent on the deceased.
In order for your claim to succeed, you will have to show that you have been left without adequate provision for your “proper maintenance, support, education or advancement in life” and that it would have been proper for the testator to make provision for you.
If you would like further information on how to challenge an unfair Will, contact our legal service without delay, as time limits apply.
The executor’s duty is to take charge of the testator’s property, pay the funeral and administration expenses, debts and taxes, and to distribute the assets to the beneficiaries in accordance with the Will. Often there is more than one executor named in the Will. Sometimes conflicts arise between executors and legal advice is needed to resolve such disputes.
Executors must act in good faith when administering the estate. If, as a beneficiary, you feel that the executor/s have failed in their duty, and this has resulted in you missing out on your inheritance, you should seek legal advice. Just call our free helpline and speak with a member of our legal team. They will explain to you your legal rights and options.
Persuading a Will maker to leave you an inheritance isn’t an unlawful act as such. The court will only overturn a Will on the grounds of “undue influence”. Undue influence is said to occur when a Will maker is coerced to such an extent, that the resulting Will is quite different to the Will-maker’s real intentions.
Undue influence can be difficult to prove unless there were witnesses present when it occurred. A person claiming that undue influence was involved bears the onus of proof; they must prove this fact with supporting evidence. Undue influence is not a claim that should be brought lightly.
Fraud is another ground upon which a Will can be declared invalid. Like undue influence, fraud is often a difficult case to prove. Most fraud cases involve a fake Will, or a Will upon which the testator’s signature has been forged. Hand-writing experts are often needed to prove forged signatures.
If you suspect that a Will is fraudulent or that the Will maker has been forced or coerced into changing their Will by someone who stands to gain from the changes, you should seek legal advice. Our legal team can provide legal advice on what to do if you suspect that fraud or undue influence has resulted in you missing out on your fair share of inheritance. Call our helpline or complete the contact form for further information and advice.
For a Will to be valid, not only does it need to comply with legislative requirements as to the way it is drawn up and witnessed, the will maker must also have “testamentary capacity” at the time that that they make their Will. They must be of sound mind, memory and understanding. There are several medical conditions which can affect a person’s capacity to make a Will such as severe mental illness. However, if a person has a lucid interval, they may have sufficient mental capacity to make a Will. Where there are any concerns about a Will maker’s testamentary capacity, it is essential that medical evidence is sought at the time of making or executing the Will, to prove the Will maker understands the nature and effect of the Will.
No Win No Fee Lawyers
Whilst most Will dispute cases are resolved out of court through mediation, some cases do end-up going to trial. A full court hearing, plus waiting for judgement to be delivered, and possible appeals may mean that a case can take many months or even years to resolve.
Our Perth Will Dispute solicitors will handle your matter in a timely manner, ensuring that you receive the most cost-effective result. Most matters are handled on a No Win No Fee basis and full terms and conditions are explained to you right from the start.
If you would like further information, advice or legal representation contact our legal team by calling our free helpline. Alternatively, complete the on-line contact form and a member of our team will be in touch as soon as possible.LAWYER HELPLINE: ☎ 1800 455 260
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