Wills & Disputes

Wills & Disputes

What Are Disputes in Wills
Making a valid Will is extremely important as you decide how your estate will be divided and as to what proportions or in kind. Without a Will the decision as to who will benefit from your estate is beyond your control.

My Lawyers recommend that you make a valid will as in not making a will it often means that your heirs might have different ideas as to what each of them should get which will often lead to disputes among your family, friends and other interested parties which often leads to wasting your hard earned money and estate.

Will Challenges
You cannot totally guard against challenges to the validity of a Will. However, a well drafted Will should provide an effective defence against claims. Poorly drafted Wills may easily be challenged by those who feel they have a claim and are prepared to launch a will challenge against the provisions of your will.

Situations in which a Will may be contested.
It is unlikely that a validly made Will may be overturned. Usually, a challenge revolves around whether the document that purports to be the Last Will and Testament of the Deceased is valid. The grounds on which such an assertion could be made may include the following:

  • a later Last Will and Testament has been made by the Deceased;

  • the document is invalid due to a failure to follow the correct formalities;

  • the Will has since been revoked;

  • the Will was altered after it was signed;

  • the Will was procured via fraud or undue influence;

  • the Deceased lacked the mental capacity to make the Will.

Challenging a valid Will - Testator Family Maintenance Claim (TFM)

My Lawyers are also able to assist in challenging a Will. If a Will is valid, there may still be room for a party to claim that they have not received adequate provision under the Will as part of a Testator Family Maintenance Claim.

Take Urgent Action
Contact My Lawyers as a matter of urgency to avoid the numerous pitfalls, serious unforeseen consequences and emotional stress usually encountered by unprepared Executors, Administrators, beneficiaries, family members, friends and interested parties who may believe have a valid claim to the Testators deceased estate.

Get in Touch
To speak with one of our legal experts, please complete the contact form below or telephone us on (03) 8379 1000 to get in touch with us today.