Contesting A Deceased Estate

Contesting A Deceased Estate If you believe that a deceased friend or family member’s Will does not reflect their last wishes or are concerned with the circumstances and nature of an updated will, you may challenge the validity of the Will. This situation commonly arises where the deceased friend or family member may not have been in the right state of mind to understand what they were doing, or, if a fellow family member has manipulated the persons wishes. To challenge a will, you must have an interest in the deceased person’s estate. In other words, you may be someone who is referred to in the Will, or if the person dies without a valid will in place, someone referred to under the laws of intestacy such as a spouse or child of the deceased. Reasons to Challenge a Will The most common reasons to challenge a Will include: 1. Fraud 2. Lack of testamentary capacity of the deceased when creating the Will; 3. Manipulation, coercion or undue influence; and 4. Absence of knowledge of the contents of the Will. As Wills are usually made when the deceased person is elderly, the most prominent concern is whether the Will maker had mental capacity to understand the contents of the Will. In circumstances where the Will maker lacks this capacity, the Will may be set aside by the Court. Before an order is made, the Court will consider whether the persons had a severe mental illness (such as Alzheimer’s) or a brain disease (such as Dementia) at the time the Will was made. Another reason to challenge a Will is if the Will maker was not aware of the contents of the Will or where they were pressured by someone to leave a particular item (usually property or another valuable asset) to a particular person where they would not usually have done so. If the Court decides this has been the case, the deceased’s previous Will is used. If no previous Will exists, the laws of intestacy will apply. Although a deceased person may not have a “Will” at the time of their passing, if the person wrote a letter setting out their final wishes in an informal document with their signature, the Court has the power to declare that document valid. In certain circumstances, this informal document may even be declared valid despite an earlier formal Will.
02 May

Contesting A Deceased Estate

If you believe that a deceased friend or family member’s Will does not reflect their last wishes or are concerned with the circumstances and nature of an updated will, you may challenge the validity of the Will. This situation commonly arises where the deceased friend or family member may not…

Continue Reading
No Ill Will What is Testamentary Capacity
04 Dec

No Ill Will: What is Testamentary Capacity?

For a will to be valid and binding in Australia, the testator (the person making the Will) must have testamentary capacity at the time the Will was created. Testamentary capacity occurs when the testator is of sound mind and must understand:  The nature and effect of the Will; What encompasses…

Continue Reading
How To Be an Executor and What Duties Does The Administrator of an Estate Have
23 Nov

How To Be an Executor and What Duties Does The Administrator of an Estate Have?

When a person creates a Last Will and Testament, they are required to appoint an executor which acts to administer the person's estate upon their death. Although many ask: How To Be an Executor? The executor is responsible for ensuring that all outstanding debts and taxes are paid to creditors/debts,…

Continue Reading
Is A Diy Will Kit A Killer Choice?
02 Oct

Is A DIY Will Kit A Killer Choice?

Are you thinking about doing getting a DIY Will Kit? The letters “DIY” seem to apply to just about everything these days, and one area of 'do it yourself' that is growing in popularity is DIY will kits. It’s advisable that we all have some type of will (no matter…

Continue Reading

Recent Posts

Grandparents Arrangements

Grandparents and Living Arrangements For Children

Family Court

Can Family Court Make An Order In Relation To An Unborn Child?

Extra Curricular

Who Pays for Schooling and Extra Curricular Activities?

Divorce

Divorce Loopholes and Fraudulent Bankruptcy

Family Law

Family Law and Social Media

NEED EMERGENCY LEGAL HELP? WE HAVE QUALIFIED LAWYERS STANDING BY 24 HOURS 7 DAYS A WEEK ON 1800 662 535

CALL US
X
logo

Free 20 Minute Family Law Appointment

Thank You For Visiting James Noble Law. We're here to help, please don't hesitate to reach out and book a free 20-Minute Family Law Appointment or Seek a set-rate, low-fee initial advice today.

Schedule Appointment
Schedule Appointment Click to call 1800 662 535
X

James Noble Law

FREE 20-MINUTE FAMILY LAW INITIAL CONSULTATION

X

James Noble Law

FREE 20-MINUTE FAMILY LAW INITIAL CONSULTATION

Please Select:

Back
X

James Noble Law

FREE 20-MINUTE FAMILY LAW INITIAL CONSULTATION

Your preferred times (suggest up to 3):
February 2020
  • Sun
  • Mon
  • Tue
  • Wed
  • Thu
  • Fri
  • Sat
  •  
  •  
  •  
  •  
  •  
  •  
  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
Availability for Tuesday, Feb 18, 2020
Back Continue
X

James Noble Law

FREE 20-MINUTE FAMILY LAW INITIAL CONSULTATION

Contact Info

Back
X

James Noble Law

FREE 20-MINUTE FAMILY LAW INITIAL CONSULTATION

Your booking request was sent

You will receive an email once James Noble Law confirms the booking.

X

James Noble Law

FREE 20-MINUTE FAMILY LAW INITIAL CONSULTATION

Something Went Wrong!

Sorry your submission was not sent. Please try again.