In Western Australia, legal disputes often arise out of deceased estates. These disputes include contesting the provisions of a will, challenging the validity of a will and disputing the capacity of an executor to act in the role.
Armstrong Legal has a team of experienced and dedicated contested estates lawyers who can support and advise you through this difficult time, helping you to achieve the best possible outcome with minimal stress, cost and time expenditure.
Contesting a will
Wills may be contested in Western Australia on the basis a close family member of the deceased was not included or was not given adequate provision. This is known as a Family Provision Claim. To succeed in this claim, a person must demonstrate eligibility as well as financial need.
Challenging a will
A person may challenge the validity of a will on a number of bases. These include that the testator was subjected to undue influence, that the will is a forgery and that the testator lacked testamentary capacity. If a will is found to be invalid, the deceased’s estate will either be dealt with under the laws of intestacy or in accordance with a previous will.
There are a range of legal issues that can flow from a testator’s choice of executor, including whether the executor has a conflict of interest, whether they are old enough to take on the role, and what to do if they cannot be found.