Will Disputes and Contested Estates

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Why do I need a Will Dispute Lawyer?

Monday, December 15, 2014

There are many reasons why a Will of a person may be disputed. The most common reasons are

  • The deceased did not have mental capacity to make a Will;
  • The deceased was unduly influenced when making a Will; or
  • You may have a successful claim against the deceased's estate for family provision.

A Will Dispute Lawyer has the expertise and experience to provide you with practical and cost effective advice to make your claim successful.

If you wish to discuss any Will Dispute issues our Will Dispute lawyer located at Parramatta is happy to help.

Please contact Kerstin Glomb on 9635 7966 or kersting@matthewsfolbigg.com.au

Can I make conditional gifts under my Will?

Thursday, December 11, 2014

It is possible to make gifts under a Will which only comes into effect when the condition is satisfied (so called 'condition precedent'). Such conditions would be valid if there are not uncertain or impossible or contrary to public policy.

In a recent case before the Supreme Court of New South Wales, the willmaker made a gift to each of his children conditioned upon the children becoming Roman Catholics within three months of his death. None of the children satisfied the condition. As the condition was certain, possible and not contrary to public policy the Court decided that the estate be divided to the contingent beneficiaries named in the Will and not to the children.

Our Estate Planning lawyer located at Parramatta is specialised to discuss your Will and any gifts to beneficiaries you wish to make.

Please contact Kerstin Glomb on 9635 7966 or kersting@matthewsfolbigg.com.au

I am suspicious about the circumstances around my relative's Will – should I get advice from a Will Dispute lawyer?

Monday, December 08, 2014

One reason to challenge a person's Will is that the person making a Will was unduly influence.

Whether or not suspicious circumstances are sufficient to prove undue influence will depend on the circumstances of each case. Allegations of suspicious circumstances may, for example, arise from the execution or the contents of a person's Will.  

However you should note that suspicious circumstances alone may not establish undue influence. It is only when the deceased person was coerced into doing something that they did not want to do that it can become undue influence.

It is therefore crucial that you are able to prove the facts with supporting details and evidence and obtain specialist legal advice.

Our specialised Will Dispute lawyer located in Parramatta can advise you on the evidence required and discuss any other issues in relation to undue influence.

Please contact Kerstin Glomb on 9635 7966 or kersting@matthewsfolbigg.com.au

Different Reasons to Dispute a Will

Monday, November 03, 2014

You may be entitled to dispute a will for reasons such as:

  • the deceased did not have the capacity to make a will;
  • the deceased was unduly influenced at the time of making the will;
  • the deceased has not signed the will or later made another will;
  • the deceased revoked the will; or
  • the will has been tampered with.

In addition, if you are an eligible person such as a child of the deceased and you have not receive an adequate proportion of the estate under the will, you may still be able to dispute the will or make a claim under family provisions.

If you would like to make a claim or dispute a will, contact the estate planning team at MatthewsFolbigg Lawyers Parramatta. We can provide you with specialised advise in estate planning, family provisions claims and for disputing a will. We also draft and update Wills, Powers of Attorney and Enduring Guardianship. Contact us to obtain legal advice.


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