Challenging Wills

Borneos are often approached by people who are unhappy about the way a deceased relative’s estate is to be distributed by their will or under the intestacy rules.

Opportunities to challenge a will are quite limited. Provided the person who made the will has complied with the formal requirements of the Wills Act, has made the will of his own free will and had sufficient mental capacity, there is little you can do. If you are faced with this situation we will look at the circumstances surrounding the will you would like to challenge and advise on your possible courses of action.

Sometimes problems arise which are not connected to the will but the way in which the personal representatives or executors are dealing with the estate. The law gives beneficiaries certain remedies against those personal representatives if they do not do their job properly. We can advise you on your rights if this happens. Very often we find that it is not necessary to go to court and this type of dispute can be resolved by a simple exchange of correspondence with the personal representatives.

A far more frequent type of problem is the case where the will of a deceased relative distributes their assets in a way which is unfair. In this case, regardless of the validity of the will, certain people can apply to the court to get a fair share of the deceased’s persons estate. These claims are under the Inheritance (Provision for Family and Dependants) Act which, as its name suggests, is an act which is designed to allow the court to make provision for the family and dependants of a deceased person. These rights are only available to certain classes of people who would normally have to show that they were dependent upon the person who has died. If the distribution of the estate does not provide a claimant with enough to satisfy that dependency, the court has power to redistribute the estate. Legal aid is available for this type of case and if you think you have such a claim we will be happy to advise you.

 

 

If you would like to discuss how we might help you, please:

 

• call any of our office numbers listed at the bottom of this page;
• contact one of our specialists direct by clicking on their name below; or
• complete our enquiry form

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Members of our team specialising in this area:

Vincent Foley, Kirsten Rimmer