Are you concerned that the Will of loved one was made in circumstances where he/she did not have capacity, or was not exercising their own free will when the Will was made.
Estate Disputes are difficult to navigate and require specialised knowledge – any potential claimant should seek the very best legal advice.
The Law Office of Conrad Curry has been conducting estate litigation for over 20 years and has experienced and resolved just about every legal problem to do with estate disputes for our clients. Our Estate Dispute lawyers are here to help.
Invalid Wills
A Will which meets the formal requirements under the Succession Act will be presumed to be valid. However, the Court may set aside the document as invalid in certain circumstances, most commonly where the deceased did not know and understand the contents of the Will or their free will was overborne when the Will was made.
Some common examples include:
- Compulsion, duress, or undue influence on the Will maker.
- Insane delusion
- Lack of knowledge and approval
- Incapacity, mental affliction
- Forgery
- Fraud
Where it is proven that the Will is invalid the Court can pass over the Will and look to a prior Will, or, if none exists, then to the laws of intestacy which apply in the absence of a valid Will.
It is imperative that you act quickly if you believe that the Will does not reflect the Will maker’s wishes and intentions.
Other Disputes
Often problems arise even where there is a valid Will:
- Breaches of duties by executors
- The failure of certain terms because the assets dealt with no longer exist
- Partial or total intestacy where assets have not been disposed of under a will
- Problems with construction in wrongly specifying the asset or poorly worded charitable clauses
- Valuation and disclosure of assets.
This Service Includes
If you have a legitimate interest in a Will and are experiencing difficulties in navigating the law or handling disputes with other interested parties, our Estate Dispute lawyers can help you with:
- Expert legal advice on disputing or challenging a Will
- Obtaining a copy of the Will
- Taking your extensive instructions and obtaining relevant documents
- Filing a caveat with the Supreme Court to prevent the Will be admitted to probate
- Filing proceedings and preparing all supportive evidence
- Attending mediation of the dispute with a view to settlement of the dispute
- Appear at the hearing to represent you in the case
- Challenges to the validity of a Will
You need a lawyer with substantial experience in estate disputes. Call The Law Office of Conrad Curry for a no obligation free initial conference. No win/no fee options available (subject to conditions)
