Contest Will & Estate
A Will is one of the most important legal documents you can have in place, and whatever your individual circumstances, having one professionally prepared may save a lot of heartache and stress when the time comes for it to be put into place.
Your Will is a legal document setting out your wishes for the distribution of your estate when you die. You don’t need to list every item you own, however we will ensure that your Will includes all of your estate.
Common property items that are added into a Will are:
- Property/real estate
There are also some items that cannot be added into your Will including:
- Discretionary trust assets
- Life insurance policy proceeds
It is important to ensure that your Will is clear, up to date and legally valid to minimise disputes and delays and to ensure your assets are well protected and distributed as you wish them to be.
Contesting a Will
In some cases, there will be someone who feels as though they have been treated unfairly or should have received more than they did in the distribution of an estate. If you feel like you have been treated unfairly, you may have grounds to challenge it in courts. This is a difficult process and there is criteria that must be met to succeed in a contested Will claim.
At Marocchi Law we can explain how the law works when it comes to contesting a Will, and if it is a valid claim, we can help you proceed with contesting the Will of a family member or friend.
There are few circumstances in which an estate can be challenged, whether there is a Will in place or not, including on the following grounds:
- You have a belief that you should have received more from the estate than you did
- You believe that the deceased was not in the capacity to make a Will when they did
- You have a belief that the Will was made with the influence of others
- You have been left out of the Will.
Many people wonder why they need to have a Will in place. It is important to have a legally valid Will if it is important to you as to how your property is distributed. With no Will, when you die, your estate is distributed according to the law in your state, which means that it may not be distributed to your wishes. It is particularly important to have a Will in place when you have more than one beneficiary.
The most common reasons to write a Will are:
- Securing the future of a child or a loved one
- You have recently gotten married (any previous Wills are cancelled)
- You have been through a divorce
- You are not married and your de facto partner may not be entitled to your estate
- You want to decide who inherits what property you own
- You want to ensure your estate is distributed quickly with minimal delays
- You want to have control over who is the executor of your estate
Would you like to ensure you have a Will in place? Our Will and Estate lawyers can help you get the paperwork you need to ensure you have a legally binding Will to protect your family.
Are You Eligible to Contest a Will?
While there are certain reasons you can contest a Will, there are only certain people who are eligible to contest a Will. These include:
- A husband or wife of, or a person in a de facto relationship with, the deceased person at the time of their death
- A child of the deceased person (including any adopted children)
- A former husband or wife of the deceased person
- A grandchild of the deceased person if they were a member of their household at any time and wholly or partly dependent on the deceased person at any time
- A person in a close personal relationship at the time of death (including two adults living together where there was the provision of domestic support and personal care. Does not need to be related)
When you speak to Marocchi Law about contesting a Will, we will ensure that you have demonstrated a personal connection to the deceased person and that you have a need for a provision from their estate. They must have owed you a moral dependence that was wholly or partially unfulfilled.
If you need to find out more about contesting a Will, contact our expert Will and Estate Lawyers can walk you through the process to find out if you’re eligible.
Trusted Legal Advice
With over 30 years of legal expertise, and professional and experienced lawyers on board, Marocchi Law can assist you with a range of legal matters. Our team are by your side when you need legal assistance, working to ensure the best outcome for you.
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