Wills and Contested Estates

Understanding Wills and Contested Estates

At South Coast Family Law Group, we recognise the importance of having a clear and valid Will to ensure your wishes are honoured after your passing. However, disputes can arise over the validity of a Will or the distribution of an estate. Our experienced team is here to guide you through the complexities of Wills and contested estates, providing expert legal advice tailored to your needs.

If you need assistance with drafting a will or navigating a contested estate, contact South Coast Family Law Group today 02 4202 6644.

Why Is a Will Important?

A Will is a legal document that outlines how you want your assets distributed after your death. Having a properly drafted Will can:

Ensure Your Wishes Are Followed: Specify who will inherit your assets, reducing confusion and conflict among family members.
Appoint an Executor: Designate a trusted person to manage your estate and ensure that your wishes are executed according to the law.
Minimise Family Disputes: Clearly defined wishes can help prevent disagreements among beneficiaries.

Common Reasons for Contesting a Will

Contesting a Will occurs when someone challenges its validity or the way assets are distributed. Common grounds for contesting a Will include:

Lack of Capacity: Arguing that the deceased did not have the mental capacity to make a valid Will.
Undue Influence: Claiming that the deceased was coerced or pressured into making specific decisions regarding their estate.
Improper Execution: Asserting that the Will was not signed or witnessed according to legal requirements.
Family Provision Claims: Making a claim under the Family Provision Act if you believe you have not received adequate provision from the estate.

How we can help

Our Services in Wills and Contested Estates

At South Coast Family Law Group, we offer a range of services to assist you with Wills and contested estates, including:

Drafting Wills: Our legal experts can help you create a comprehensive and legally sound Will that reflects your wishes.
Estate Planning: We provide guidance on effective estate planning strategies to minimise disputes and ensure your assets are protected.
Contesting a Will: If you believe a Will is invalid or unfair, we can assist you in the contesting process, including preparing and filing the necessary documents.
Defending a Will: If you are the executor or a beneficiary facing a challenge to the Will, we can provide strong legal representation to defend your interests.

Our Expertise

At South Coast Family Law Group, we are committed to providing compassionate and professional legal assistance in all aspects of wills and contested estates. Our services include:

Will drafting and estate planning
Contesting wills and defending estates
Family provision claims
Legal advice on estate administration

FAQs About Wills and Contested Estates

Can I contest a Will if I am not a beneficiary?

Yes, you may have standing to contest a Will if you can demonstrate an interest in the estate, such as being a dependent or having a close relationship with the deceased.

How long do I have to contest a Will?

In most cases, you must contest a Will within six months of the grant of probate. However, specific circumstances may allow for extensions, so it’s essential to seek legal advice promptly.

What if I want to change my Will?

You can change your Will at any time while you have the capacity to do so. Our team can help you draft a new Will or make amendments to your existing Will.