Estate Litigation is becoming increasingly common in Australia
Unfortunately, there are a lot of common misconceptions about who is entitled to challenge a will and what steps you can take to avoid a challenge.
Many people struggle to understand why someone should be able to make a claim against an estate - particularly an estate where the deceased left a valid will.
We also see a lot of clients who believe, for example, that;
- If they leave an estranged child a 'nominal amount' in their will, that child cannot challenge their will; and/or
- Leaving their estate equally to their children means that their children cannot challenge their will.
While it is essential that you make a valid will that reflects your wishes, there are other factors at play that may impact on whether those wishes are ultimately carried out.
SImply put, just becuase it is prepared by a solicitor and is a valid will, does not necessarily mean it can't be successfully challenged.
Family Maintenance Provision Obligation:
You may not realise that you have a legal obligation to make adequate provision, in the event of your death, for the proper maintenance and support of your spouse, children and dependents.
If such provision is not made, then your spouse, children or dependents may make a claim against your estate for further provision.
We provide Estates Advice and Implementation services to assist you to ensure your wishes are effected.
We also provide comprehensive probate administration services to implement the estates documents correctly and lawfully to effect the documents wishes.
We also are able to provide overall dispute advice and management services in simple and complex estates matters.