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At Stringer Clark, we can look after all of your Will and probate needs. We believe that every person should have a Will. Early preparation of your Will minimises tax liabilities and expenses associated with the administration of your estate and at Stringer Clark we can hold your Will for safekeeping and update it when required.
Our experienced team continues to administer deceased estates ensuring each client's wishes are given legal and practical effect.
If you are considering fighting a Will, Stringer Clark has lawyers who can advise you on challenging a Will and what that involves.
Firstly, you may contest or dispute a Will if you believe it to be false or invalid. A Will may be invalid for a variety of reasons such as:
All these circumstances may offer grounds for challenging the Court’s granting of Probate (in effect, a Court Order acknowledging the authenticity of a Will and enabling the Executor to administer the Estate). Probate is sought by the Executor of the Will following the death of the Deceased. You are entitled to challenge the issuing of Probate if any of the grounds listed above can be proved.
Secondly, once Probate is granted, a Will may be challenged if a person believes they have been treated unfairly or inadequately, or that they may have missed out entirely on part of the inheritance. A Will may be successfully challenged if the person (“the Claimant”) can establish that the Deceased had a responsibility to make provision (or better provision).
Should you wish to fight a Will, you should be aware of what the Court will consider as relevant factors, the implications of challenging a Will, and the process itself.
Deadline: Remember – a valid Will may only be contested for up to six months after the granting of Probate.
If a person dies without a Will, their Estate is distributed according to a formula set out in the Administration and Probate Act. This formula may be inappropriate in all of the circumstances and can be challenged if the formula does not make proper provision for a person for whom the Deceased had a responsibility.
The Court must consider any of the following factors when considering a claim on a Will:
While cases may go to Court, disputed Wills are often resolved through mediation which involves the parties in dispute and their lawyers.
Contact us at an office near you. You should do this sooner rather than later. You will then understand thoroughly the chances of mounting a successful challenge, and be counselled on the possible consequences of a challenge.
Remember, many people consider themselves to be experts on Wills and fighting Wills. Most of them are wrong.
It doesn’t cost anything to give us a call and set you straight.
If you'd like to make an enquiry about a legal matter, talk about a career at Stringer Clark, or perhaps have a suggestion on how we can improve our service or even our website, we'd like to hear from you.
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