Wills & Estates
Make a Will
Will is a legal document which we prepare for the person who wants to distribute their estate after their death. In the absence of a will there may be difficulties that gives rise to the beneficiaries who have competing interests.
Why Will is Important to have?
In an event if you die without a valid will, then intestacy provision will apply automatically of your estate. This means that the people who you do not want to benefit will benefit and people who you would want to benefit may miss out.
Validity of a Will?
If you are making a will, we ensure that the Will is up to date, and you should have a properly drafted Will that will ensure your assets are protected for your beneficiaries. To ensure that the Will is valid the Will must be drafted, signed by the person making a will with 2 witnesses, in front of the person who approved the legitimacy of the will, dealing with proper and appointed executor, and not have been cancelled before death.
Is Testamentary Deposition a term under a Will?
Yes, this term is used in a Will for gift or legacy of a certain item which inevitably benefits the beneficiary.
What is Codicil?
This term is used for altering or amending the Will or part of the Will. This term was very common in the days when the Will was drafted by hand or typewriters.
How important is Will for you?
Will is very important especially when you wish to leave your estate for the care of pets, distribution of your assets and superannuation money as well as it renders your executors with the directions for funeral expenses.
Estate Litigation
If you have been treated unfairly or excluded from the Will by the family member or the executor of the Will then the Succession Act emboldens the court to make certain orders for a person who have been excluded from the Will or left out from the provision of a Will.
Have you been excluded from the Will?
If you have been excluded from the Will or precluded from the adequate benefits of the Will then you may be able to claim for unfair Will and invalid Will.
Are you eligible to make Unfair Will Claim?
Yes, you can make an Unfair Will Claim and this will take into account many factors for instance nature of mind at the time of making a Will, and whether there was fraud involved in drafting a Will.
Who can litigate a Will?
Anyone who may apply to the Court of a Family provision in relation to the estate of a deceased person deceased which includes the following:
- Husband or wife of the deceased person at the time of the death.
- A person who was in a de facto relationship with the person at the time of the person’s death.
- Child or grandchild of the deceased person at the time of the death.
- Former husband or wife of the deceased person at the time of the death.
- A member of the household or with whom the deceased person was living with at the time of the death or any other particular time.
What if you are excluded from a Will or did not receive what you were promised?
In this instance, firstly you must establish that you were an eligible person who was excluded from a Will. The court will then evaluate your financial position and if it is established that you were an eligible person, then alter the testament of a deceased. The court will also take into account moral obligations of the deceased towards an eligible person and the advancement of the finances would allow a better living standard of an eligible person.
Is there a time frame to litigate a Will?
In New South Wales, eligible person or parties may contest or litigate a Will within 12 months from the date of the death of the deceased.
Family provision and No Win No Fee Basis
If it is determined that your Will can only be challenged or litigated through Family provision claims, then we may be able to take your case on No Win No Fee basis.
