Perth Probate Solicitors - WA Contested Disputed Will Challenge Lawyers
If you would like detailed information on matters relating to challenging or disputing a will or contesting probate or objection to the administration of a will, our Perth contested probate solicitors offer free advice on estate litigation over the telephone without further obligation. Most Australian citizens will leave assets at the time of their death and how those assets are distributed depends to a large extent on whether or not the deceased person has left a valid will. In the event that a will exists then the assets will usually be distributed according to the wishes of the deceased as outlined in the will following issue of a grant of probate to an executor named in the will. A grant of probate authorises the executor named in the will to deal with the assets of the estate. There are however many instances where disputes arise between potential beneficiaries relating to the validity of the will or relating to inadequate provision for those who may expect an inheritance from the estate particularly those who consider themselves to be dependent on the deceased person.
Grant of Representation
In the event that the deceased did not make a will, all assets are distributed in accordance with legislative guidelines known as the intestacy rules, which prioritise family relationships, following the issue of a grant of letters of administration to the proposed administrator who is usually a person with a financial interest in the estate. A grant of letters of administration gives legal authority to an administrator to deal with the assets of the estate. Our Perth contested probate solicitors offer advice on challenging both grants of probate and letters of administration and will represent potential claimants in anticipated estate litigation. In the event that the validity of a will is successfully challenged then a previous will may take precedence or the intestacy rules may apply which in either case may be more beneficial to the applicant than reliance on the successfully challenged will.
The first matter that a Perth contested probate solicitor will deal with following the death of the testator is to check whether or not the will that has been produced is valid or is capable of being challenged or disputed in a court of law. The validity of a will depends on proper drafting and execution by the person making the will (testator). If a will fails on validity then either an earlier will takes precedence or where there is no will the distribution of assets is determined by the intestacy rules. In order for a will to be valid, to avoid the prospect of estate litigation, it must usually satisfy the following basic requirements :-
- the will must be in writing and signed by the testator
- the testator must have the mental capacity to make a will
- the will must be witnessed in accordance with the law
The duties of an executor or administrator may be onerous and include identifying, valuing and securing all assets. Paying all of the liabilities of the estate and subsequently distributing the assets in accordance with the will or in accordance with the intestacy rule in cases where there is no will. The duties of an executor or administrator are considered to be a personal liability in the event that any beneficiaries are not satisfied with the way in which the estate is handled and can result in personal legal action against the administrator or executor. Except in the case of very simple estates it is advisable for executors or administrators to seek the services of a lawyer to deal with all legal matters thereby effectively removing any potential for personal liability attaching to an inexperienced executor or administrator. In the event that an executor or administrator is not behaving properly our Perth contested probate solicitors can take legal action in a court of law to remove them from their position and claim financial recompense for any losses that the estate has suffered.
Our Perth probate solicitors deal with contested probate, challenging wills and disputed administration. Our solicitors can advise on challenging a will or defending a challenge on behalf of executors and administrators. Most wills are valid however a large percentage of home made (DIY do it yourself) wills fail to be executed properly in which case they are deemed to be invalid ensuring that either an earlier will takes precedence or that the intestacy rules will apply. Our Perth contested probate solicitors also deal with applications by dependents for financial provision from an estate prior to distribution to the other beneficiaries.
If you would like advice from a specialist probate lawyer just call the helpline or email our solicitors offices. We offer free advice with no further obligation on challenging wills, contesting grant of probate and grant of letters of administration and applications for financial assistance by dependents.