the confines and structures
of a traditional legal practice.
Have you been unfairly provided for in a Will?
The death of someone close is a testing time. Contesting a Will can make things even more difficult. But if you believe you’re entitled to more from a deceased estate, we may be able to help.
1. Family provision applications.A person who has been left out of a Will, or unfairly provided for can make a claim for a larger share of a deceased person's estate. Common examples of this include:
2. Did the Will maker have the capacity to make a Will?A lack of “testamentary capacity” can invalidate a will. A beneficiary of an earlier Will can challenge a more recent Will if the deceased person did not have the mental capacity to understand what he or she was signing.
3. Was the Will maker unfairly influenced?A beneficiary of an earlier Will can challenge a more recent Will if the deceased person was 'unduly influenced' by another person to sign a Will that did not reflect that person's true wishes.
4. Breach of trust claim.A beneficiary under a Will or trust can apply to the court to remove an executor or trustee who fails to administer a Will or trust properly. The beneficiary can also seek compensation if they suffer financial loss as a result of the executor or trustee's wrongdoing.
5. Proper interpretation of the Will - Construction applications.An application can be made to the Supreme Court to rule on the proper interpretation of provisions in a Will. Oral evidence and documents can be put before the Court to assist it in making its judgment.