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Wills and Contested Estates

Shellharbour Wills and Contested Estates Lawyer

Understanding Wills and Contested Estates

Having a valid Will in place is how you make certain your estate goes where you intend. Even so, disagreements happen, whether about the validity of the Will itself or about how the estate has been divided. We advise on both: putting a Will together that stands up, and stepping in once an estate is in dispute.

To have a Will prepared, or for advice about an estate that is being contested, contact South Coast Family Law Group today on 02 4202 6644.

Why Is a Will Important?

Your Will is the document that sets out how your assets should be distributed once you have died. Drafted properly, it will:

  • Carry out your intentions: record precisely who inherits, leaving little for family members to read differently.
  • Name an executor: appoint someone you trust to administer the estate according to law.
  • Head off disputes: the clearer the instructions, the less scope beneficiaries have to fall out.

Common Reasons for Contesting a Will

An estate is contested when a person disputes the validity of the Will or the way it distributes the estate. Claims are generally brought on one of these bases:

  • Lack of capacity: that the will-maker was not mentally capable of making a valid Will when it was signed.
  • Undue influence: that someone pressured or coerced them into leaving their estate in a particular way.
  • Improper execution: that the signing and witnessing did not meet the legal formalities.
  • Family provision claims: that a person entitled to be provided for did not receive adequate provision.

How we can help

Our Services in Wills and Contested Estates

Our Shellharbour Family Lawyers act across the whole of this area, including:

  • Drafting Wills: preparing a Will that is legally sound and says what you actually want it to say.
  • Estate planning: arranging your affairs so your assets are protected and disputes are less likely.
  • Contesting a Will: assessing whether there is a claim and preparing and filing the documents to run it.
  • Defending a Will: acting for executors and beneficiaries where the estate is under challenge.

Our Expertise

These matters usually surface while a family is grieving, so we deal with them sensitively and try to keep conflict down. We assist with:

  • Will drafting and estate planning
  • Contesting Wills and defending estates
  • Family provision claims
  • Advice on administering an estate

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.

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.

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.