Defending a contested will in victoria

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Defending A Contested Will - More Information. Who Can Contest A Will? Technically anyone with an interest in the estate can contest a Will, if they think it’s wrong or unfair. The costs of defending a contested will claim.

When defending a contested will or an Inheritance Act claim it is advisable to carefully consider the impact of legal costs. Legal costs have an important bearing on most court cases and decisions are often based on costs considerations rather that pure law. The first step in defending a will is to determine whether the person (or persons) contesting the Will is legally eligible to make a claim upon the deceased’s estate and whether they are making the claim in the required time frame.

Time is a huge factor when it comes to defending a will.

This includes defending a contested will claim on behalf of the beneficiaries and executors named in the will. To give you a flavour of what can be involved when defending a contested will claim, here is a short case study involving a beneficiary who we helped defend a multi-party inheritance claim. If you are an Executor, a beneficiary, or someone who has unfortunately been bereave the last thing you will want to think about in this time of heartache is someone contesting or challenging the deceased’s Will.

However, and executor must also assess the merits of such a challenge, or challenges where there are multiple claimants and. Our solicitors have extensive experience defending contested Wills and have the expertise to resolve your dispute as quickly and fairly as possible. The respondent does not just have a right to defend the divorce. They can also issue their own cross-petition, asking the court to grant them a divorce. For example, the petitioner may allege that the marriage broke down as a result of the respondent’s unreasonable behaviour, but the respondent may consider that it broke down because of.

Are you an executor named in a will that is being contested ? We know the role of executor is time-consuming and complicated enough without having to face this additional challenge. The best advice we can give is to get experienced advice, early. Many clients come to us having used their local conveyancing or. There are many ways in which an executor or administrator may find themselves defending a will. The validity of the deceased’s will may be challenged for a variety of reasons, a claim may be made under family provision legislation or there may be a dispute over the administration of the estate.

Even where the executor may be acting in good faith, there are situations which can have a major impact on executors, even leading to personal costs orders being made. This overwhelming situation can be intensified in case someone or more than one person contest the will or the grant of representation application by. A will is therefore probably the most important document because it is the only document a person will ever sign that gives away everything they ever own!

If you are the executor named in the Will, this can add more pressure and stress at a time where you already feel overwhelmed with circumstances. Contesting a Will Victoria THERE ARE A NUMBER OF SITUATIONS THAT MAY GIVE YOU A RIGHT TO CONEST A WILL. Unless there are legitimate reasons, Victorian courts are unlikely to change a valid Will. If you are considering contesting a Will the following information may be of use. Typically, you are an executor or beneficiary defending a Will or an eligible person contesting a Will.

Whatever your circumstances, due to the complexity of the law in this area, it is advisable to seek expert legal advice. Heckenberg Lawyers specialise in Will Disputes. Find out how we manage to keep legal costs to a minimum while achieving the best outcome for our clients. Ask the court to arrange an interpreter if you or your witnesses need one. Do this at least five days before your case.

If the court arranges the interpreter for you there will be no fee. Organise your witnesses. Witnesses must be at court for the contested hearing.