As any Perth Will Contest lawyer will tell you, Wills can be overturned if the person challenging it can present a legally sound case and prove the underlying facts that puts the Court on their side.
So if you plan to make a claim against an estate or feel that you’ve been left out of a Will unfairly, it’s important that you contact a lawyer to help you right away, as you may be running out of time.
At Mountains Lawyers, we are highly experienced in doing both — contesting and protecting against claims. The emphasis is on protecting your rights and intent.
Some of the grounds for disputes
Validity of the Will
The Will was improperly executed – Concerns are that the deceased did not properly sign the Will, did not get it witnessed properly or wrote a Will that contains ambiguities. Here, the person contesting the Will could claim that the drafting, the ambiguities and the signatures do not meet the legal requirements.
The testator wasn’t mentally competent – A contestant could prove that the deceased was delusional, senile or of unsound mind at the time that the Will was written and signed, and therefore did not understand their assets nor were aware of the beneficiaries to whom these assets Will be distributed.
Allegations that the Will is a Product of Fraud or Undue Influence – A contestant could prove that someone used false statements to coerce or improperly influence a testator into drafting a Will. As this is often difficult to prove, you would require expert knowledge of the law to help prove your case.
A newer Will has come to light – While a newer valid Will legally replaces an older one, there is a time limit and several constraints that can prevent you from contesting the validity of an older Will. Our contest lawyers assist in quick contest application to ensure a newer Will is acknowledged before the old one is accepted.
When someone feels that the deceased didn’t leave adequate funds, assets or other provisions for them, they may submit a Family Provision Application to claim additional and perhaps better provisions from that estate. This goes through the Supreme Court.
Only the following people are eligible to make this application:
- the spouses, de facto spouses and dependent former spouses
- their children, including step-children and adopted children
- any dependents who were being supported or maintained by the deceased . This includes their own parents, grandchildren, other members of their household, and the parent of their surviving children (aged 18 and under).
If you believe that a Will should be disputed, the team at Mountains Lawyers will ensure that the process is done as quickly and painlessly as possible so you receive your estate without delay, loss of money or further grief.
Call Mountains Lawyers on 9592 7326 today to discuss deceased estate claims and any other matter involving an inheritance or an estate.