This is the term normally used to describe litigation that either challenges the validity of a Will or claims aiming that the Willmaker did not make adequate provision for a claimant in the Will.
There are plenty of reasons that Wills are contested:
- There exists a more recent valid Will
- The validity of the Will is questionable because the Willmaker appeared to lack testamentary capacity at the time the Will was made
- The Willmaker failed to make adequate provision for one or more family members or dependents
- The Willmaker was not acting independently when making the Will, i.e. was unduly influenced or pressured into making arrangements other than he or she desired
- One or more of the executors is not complying with the directions contained in the Will.
Although any interested person can contest a Will, an application for provision or better provision is made by direct family members including stepchildren and other dependents.
How can we help?
It is our policy at Jones Leach Lawyers to attempt to resolve disputes that arise in an Estate Administration by negotiation, conferencing or mediation. This most often provides better outcomes at substantially less cost to the Estate and the parties. Settling out of Court also means that the parties retain some control over the outcome rather than having to accept a decision made by a judge who does not know them. Estate litigation resolved outside Court also leaves some scope for the family relationships to repair afterwards. This is often more difficult or impossible at the end of litigation that runs its full course. It is generally only if alternative dispute resolution does not work that Jones Leach Lawyers recommends litigation.
As always, our endeavour is to walk you through your matter practically, respectfully and cost-effectively. Give Jones Leach a call today or book your consultation online.
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