When a person passes away – there may be issues surrounding excluded beneficiaries or where beneficiaries receive inadequate share of the estate. If you have been left out of a will, we can help advise if your circumstances have the basis to challenge the will or your share of the estate.
Alternatively, if you are an executor or administrator of an estate that has a claim against it, you should have proper legal representation both to provide advice and to represent and defend the estate.
Death of a family member very often has a strong emotional impact on the surviving family members and beneficiaries of the deceased person. Feeling unfairly treated under a will or having claims made against the estate can lead to more conflict among the family and beneficiaries. It is best to have professional legal advice from lawyers who understand Estate Litigation and are able to negotiate the best outcome and minimise emotional impact that estate disputes have on those involved, and ultimately costs by avoiding litigation wherever possible.
Sometimes court proceedings cannot be avoided. Appius Lawyers are able to advise and provide representation where, parties are unable to resolve the dispute and court proceedings are commenced.
We advise and provide representation for disputes involving wills, probate and intestacy (without a Will).
There are certain categories of people who may challenge a Will such as:
The most common Challenges to Wills arise in circumstances where the deceased:
To be valid, a Will must meet requirements as set out in the Wills Act 1970 (WA), including but not limited to age of person making the Will, and proper execution of the Will.
The Court has the discretion to dispense with the formal validity requirements, decided on the facts of each case requiring such consideration.
As a challenge of Will can be a costly and complex exercise it is essential to discuss your case with a lawyer to assess the evidence to rely on and determine the merits of your claim.
Unless the court grants leave for a challenge out of time, a party has six months from the date of probate being granted to challenge a Will, and certainly prior to the distribution of the estate.
If unsure as to your rights or ability to challenge you must speak to a lawyer who can advise in such matters without any delay, as time is always of essence.
Our lawyers consider your claim and advise you of the best course of action. In providing the advice we will consider the following:-
The above steps are crucial, prior to commencing of any challenge.
The dispute may settle at any stage during or prior to any court action, but not after a court makes a final decision. An agreement can be reached by conferral, either in person or through formal correspondence or at or at mediation.
If a matter does go to court it can take up to twelve months or more depending on the complexity of the dispute.
Contesting of Will falls within the contentious jurisdiction of the Supreme Court of Western Australia. As such, the costs of such dispute can be significant given the serious and formal nature of that jurisdiction.
The costs may be further impacted by the length of the dispute, its complexity and ultimately the conduct of the parties to the dispute.
In some instances, costs may be recovered from the estate, depending on claim, funds available, conduct of parties and ultimately at the discretion of the court.
We will use our experience and our access to experienced barristers practising in this area to advice and where required representation in court. Our knowledge and professionalism will ensure that you will be best placed to get the best results possible in your estate dispute.
If you believe that the Will of a loved one is not what it should be, or that you have been left out of a Will or what you receive is inadequate contact our lawyers for advice.
One of the primary benefits of hiring Appius Lawyers is that you’ll receive personalised service.
Appius Lawyers is much smaller than the mega-firm, but we offer clients expertise and creative solutions at a cost that many larger firms simply can’t match.
One of the top benefits of working with Appius Lawyers is having more flexibility when it comes to billing structure.
The great thing about working with Appius Lawyers is that we focus and take the time to learn your industry, to understand your business and what we can do to help it move forward.
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