The passing of a loved one, whether a family member or a close friend is an emotional time and experience for all involved. Expressing compassion and thankfulness is not always easy when dealing with the many logistics and arrangements that accompany the loss.
In addition to that, when a will is involved it may cause extra stress and confusion, placing more strain on the current situation and for all parties involved.
In some cases, there may also be some disagreement with the will and that disagreement could be a cause for dispute.
We understand that contesting a will can be an extremely uncomfortable position to be in but if you believe that the will of a spouse, parent, or loved one is unfair or invalid for some reason, you should consult a will disputes lawyer in Perth.
A legal professional with expertise in wills and estate planning will be able to advise you on the best course of action for disputing a will.
In our legal system, a person is free to distribute their estate as they wish. The Court does not intervene unless there is a problem with the will itself, or if the will-maker has not made adequate provision for certain categories of people who have an expectation to be cared for.
Some scenarios where the Court would intervene include:
- Where the will in question was not the last one signed by the deceased.
- Where the will shows evidence of tampering, or is a fraudulent or bogus document.
- Where the will-maker was not mentally competent at the time of the wills’ creation.
- Where the will-maker was unduly influenced into creating a will that did not reflect their true wishes.
- Where a spouse (whether by de facto or by marriage), child, or grandchild, received an unfairly small portion of the estate.
If you have a complaint about a will that falls into any of the categories listed above, then contesting the will in Court might be worthwhile. At M 6:8 Legal , we would be happy to sit down with you to discuss your situation and advise you on whether you have grounds to challenge a will.