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During the case assessment process, you stated that there are family members or others who may contest the Will. The law allows family members or dependants who have been overlooked or inadequately provided for in a will, to bring a lawsuit for estate allocation to them.
Typically these claims come from a child, spouse, or former wife left out of a will or a beneficiary wishing to challenge the fairness of the gift allocated to them. The contest can be resolved by agreement but if not, is determined by a court.
A notice of the proposed claim must be given to executor or administrator within 6 months of date of death; claim must be lodged in court within 9 months of date of death.
Other challenges to a Will can arise from the following:-
- The formal requirements for making a will and amending a will must have been strictly observed.
- The will must genuinely reflect the will maker’s last testamentary intentions.
- The will maker must have had legal capacity at the time of making it.
- The will must not have been the product of undue influence exerted by another person.
- An agreement by a will maker to provide a benefit to a person can be enforced against their estate if the person receiving the benefit has provided valuable consideration.
- Each provision in a will must precisely achieve the intention of that provision.
If a person intends to challenge a will, a notice of the intended claim must be given to executor or administrator within six months of date of death; the claim must be lodged in court within nine months of date of death.
You checked that there's children (less than 18yrs), a spouse or de-facto have been omitted from the Will. A child, stepchild, spouse and de facto have, depending on the relative needs and the needs of persons who have been included in the Will, very strong claims to share in the assets of the estate. They have standing to bring a Family Provision application. Their claims will be weighed by the court against the intention of the deceased to omit them from the Will.
You checked that there's children (less than 18yrs), a spouse or de-facto have been provided only a token benefit under the Will. A child, stepchild, spouse and de facto have, depending on the relative needs and the needs of persons who have been included in the Will, very strong claims to share in the assets of the estate. They have standing to bring a Family Provision application for substantial benefits. Their claims will be weighed by the court against the intention of the deceased to provide them only a minor benefit.
You checked that there's adult children (over the age of 18) have been omitted from the Will. Adult children who are working and were not financially dependent on a deceased usually have a much lesser claim then would infant children omitted. That said, depending on their relative needs, the size of the estate and the extent to which the deceased had in fact provided them support during his or her lifetime (which establishes financial dependency) they may be able to bring a successful family provision claim.
You checked that there's adult children (over the age of 18) have been provided only a token benefit under the Will. Adult children who are working and were not financially dependent on a deceased usually have a much lesser claim then would infant children omitted. That said, depending on their relative needs, the size of the estate and the extent to which the deceased had in fact provided them support during his or her lifetime (which establishes financial dependency) they may be able to bring a successful family provision claim to enforce payment to them of a sum higher than the "token" amount.
You selected that you were concerned that the deceased's mental state while making the Will was Good. Any challenge to the Will based on the deceased’s mental state alone is likely to be unsuccessful.
You selected that you were concerned that the deceased's mental state while making the Will was Poor. This indicates that further investigation should be made in to whether or not the deceased had “legal capacity” to enter into the Will. Those enquiries will usually begin by meeting you to discuss your concerns, examining the deceased’s medical records and discussions with those who had day-to-day contact with them.
You selected that you were concerned that the deceased's mental state while making the Will was Suffering from dementia. Persons with diminished mental acuity eg with dementia, lack legal ‘capacity’ and can only make a valid will (or vary one) during a medically certified “lucid” period. To have capacity, the testator needs to know what a will is, what their property is and the people that have a reasonable claim to the estate. Subject to medical proof of such condition, the Will is likely to be declared invalid.
You selected that a professional advisor may have exerted influence over the deceased to receive a benefit under the Will. Wills can be challenged if they are made under the influence of an overbearing relative, friend or advisor.
This usually occurs when there is an imbalance of power in the relationship, where the weaker party agrees to the more dominant party’s desires without full consideration of their own interests.
The exercise of undue influence is a matter of evidence and cannot be established by suspicion alone. A full examination of all the circumstances under which the will or codicil was made is required. This examination should begin with us discussing your concerns in detail with you and obtaining information from those who had day-to-day contact with the deceased.
You also mentioned that a professional advisor may also have exerted influence over the deceased to receive a benefit under the Will. Wills can be challenged if they are made under the influence of an overbearing relative, friend or advisor.
This usually occurs when there is an imbalance of power in the relationship, where the weaker party agrees to the more dominant party’s desires without full consideration of their own interests.
The exercise of undue influence is a matter of evidence and cannot be established by suspicion alone. A full examination of all the circumstances under which the will or codicil was made is required. This examination should begin with us discussing your concerns in detail with you and obtaining information from those who had day-to-day contact with the deceased.
You selected that a carer may have exerted influence over the deceased to receive a benefit under the Will. Wills can be challenged if they are made under the influence of an overbearing relative, friend or advisor.
This usually occurs when there is an imbalance of power in the relationship, where the weaker party agrees to the more dominant party’s desires without full consideration of their own interests.
The exercise of undue influence is a matter of evidence and cannot be established by suspicion alone. A full examination of all the circumstances under which the will or codicil was made is required. This examination should begin with us discussing your concerns in detail with you and obtaining information from those who had day-to-day contact with the deceased.
You also mentioned that a carer may also have exerted influence over the deceased to receive a benefit under the Will. Wills can be challenged if they are made under the influence of an overbearing relative, friend or advisor.
This usually occurs when there is an imbalance of power in the relationship, where the weaker party agrees to the more dominant party’s desires without full consideration of their own interests.
The exercise of undue influence is a matter of evidence and cannot be established by suspicion alone. A full examination of all the circumstances under which the will or codicil was made is required. This examination should begin with us discussing your concerns in detail with you and obtaining information from those who had day-to-day contact with the deceased.
You selected that another family member or de facto may have exerted influence over the deceased to receive a benefit under the Will. Wills can be challenged if they are made under the influence of an overbearing relative, friend or advisor.
This usually occurs when there is an imbalance of power in the relationship, where the weaker party agrees to the more dominant party’s desires without full consideration of their own interests.
The exercise of undue influence is a matter of evidence and cannot be established by suspicion alone. A full examination of all the circumstances under which the will or codicil was made is required. This examination should begin with us discussing your concerns in detail with you and obtaining information from those who had day-to-day contact with the deceased.
You also mentioned that another family member or de facto may also have exerted influence over the deceased to receive a benefit under the Will. Wills can be challenged if they are made under the influence of an overbearing relative, friend or advisor.
This usually occurs when there is an imbalance of power in the relationship, where the weaker party agrees to the more dominant party’s desires without full consideration of their own interests.
The exercise of undue influence is a matter of evidence and cannot be established by suspicion alone. A full examination of all the circumstances under which the will or codicil was made is required. This examination should begin with us discussing your concerns in detail with you and obtaining information from those who had day-to-day contact with the deceased.
You selected that there were others who we had not listed under the selection, who may have exerted influence over the deceased to receive a benefit under the Will. Wills can be challenged if they are made under the influence of an overbearing relative, friend or advisor.
This usually occurs when there is an imbalance of power in the relationship, where the weaker party agrees to the more dominant party’s desires without full consideration of their own interests.
The exercise of undue influence is a matter of evidence and cannot be established by suspicion alone. A full examination of all the circumstances under which the will or codicil was made is required. This examination should begin with us discussing your concerns in detail with you and obtaining information from those who had day-to-day contact with the deceased.
You also mentioned that there were others who we had not listed under the selection, who may also have exerted influence over the deceased to receive a benefit under the Will. Wills can be challenged if they are made under the influence of an overbearing relative, friend or advisor.
This usually occurs when there is an imbalance of power in the relationship, where the weaker party agrees to the more dominant party’s desires without full consideration of their own interests.
The exercise of undue influence is a matter of evidence and cannot be established by suspicion alone. A full examination of all the circumstances under which the will or codicil was made is required. This examination should begin with us discussing your concerns in detail with you and obtaining information from those who had day-to-day contact with the deceased.
You selected that there were recent changes to the Will to provide unexpected bequests in that all benefits to go to a single beneficiary. A hasty revision of a will to remove a beneficiary motivated by spite or paranoia might not reflect the will maker’s genuine testamentary intention. Such wills can be the subject of a requirement that they be proved “in solemn form”, in which case the executor must satisfy the court on evidence, of that requirement.
You also mentioned that there were recent changes to the Will to provide unexpected bequests in that all benefits to go to a single beneficiary. A hasty revision of a will to remove a beneficiary motivated by spite or paranoia might not reflect the will maker’s genuine testamentary intention. Such wills can be the subject of a requirement that they be proved “in solemn form”, in which case the executor must satisfy the court on evidence, of that requirement.
You selected that there were recent changes to the Will to provide unexpected bequests in that a new beneficiary has been added. A hasty revision of a will to remove a beneficiary motivated by spite or paranoia might not reflect the will maker’s genuine testamentary intention. Such wills can be the subject of a requirement that they be proved in solemn form, in which case the executor must satisfy the court on evidence, of that requirement.
You also mentioned that there were recent changes to the Will to provide unexpected bequests in that a new beneficiary has been added. A hasty revision of a will to remove a beneficiary motivated by spite or paranoia might not reflect the will maker’s genuine testamentary intention. Such wills can be the subject of a requirement that they be proved in solemn form, in which case the executor must satisfy the court on evidence, of that requirement.
During the case assessment, we asked if there were any concerns about the signature appearing on the will. You selected the signature is not their usual signature, regarding the deceased's signature on the Will.
Any irregularity as to the signing of each page of the will or the absence of either witness’s signature on any page raises a red flag as to “validity”. A beneficiary or executor who is concerned about the above may apply to the court for that issue to be determined on evidence. Witnesses to a will are generally not allowed to receive any benefits from it.
During the case assessment, we asked if there were any concerns about the signature appearing on the will. You selected the signature is not their usual signature, regarding the deceased's signature on the Will.
Any irregularity as to the signing of each page of the will or the absence of either witness’s signature on any page raises a red flag as to “validity”. A beneficiary or executor who is concerned about the above may apply to the court for that issue to be determined on evidence. Witnesses to a will are generally not allowed to receive any benefits from it.
During the case assessment, we asked if there were any concerns about the signature appearing on the will. You selected that You selected that the deceased’s signature appears shaky.
Any irregularity as to the signing of each page of the will or the absence of either witness’s signature on any page raises a red flag as to “validity”. A ‘shaky’ signature might suggest physical or cognitive impairment giving rise to concerns as to “legal capacity”. A beneficiary or executor who is concerned about the above may apply to the court for that issue to be determined on evidence.
During the case assessment, we asked if there were any concerns about the signature appearing on the will. You selected that their signature appears shakey.
Any irregularity as to the signing of each page of the will or the absence of either witness’s signature on any page raises a red flag as to “validity”. A ‘shaky’ signature might suggest physical or cognitive impairment giving rise to concerns as to “legal capacity”. A beneficiary or executor who is concerned about the above may apply to the court for that issue to be determined on evidence.
During the case assessment, we asked if there were any concerns about the signature appearing on the will. You selected in relation to the deceased's signature on the Will, that It is not the deceased's handwriting.
Any irregularity as to the signing of each page of the will or the absence of either witness’s signature on any page raises a red flag as to “validity”. If the signature was not in fact that of the deceased, the document may not be genuine. A beneficiary or executor who is concerned about the above may apply to the court for that issue to be determined on evidence.
During the case assessment, we asked if there were any concerns about the signature appearing on the will. You selected in relation to the deceased's signature on the Will, that It is not the deceased's handwriting.
Any irregularity as to the signing of each page of the will or the absence of either witness’s signature on any page raises a red flag as to “validity”. If the signature was not in fact that of the deceased, the document may not be genuine. A beneficiary or executor who is concerned about the above may apply to the court for that issue to be determined on evidence.
During the case assessment, we asked if there were any concerns about the signature appearing on the will. You selected that A witness to the Will has received a bequest, regarding the deceased's signature on the Will. Witnesses are generally not allowed to receive any benefits from the Will.
During the case assessment, we asked if there were any concerns about the signature appearing on the will. You selected that A witness to the Will has received a bequest, regarding the deceased's signature on the Will. Witnesses are generally not allowed to receive any benefits from the Will.
Based on the information you have provided us to date, and subject to the inherent limitations of this assessment tool, you have EXCELLENT prospects of success in a worthwhile application for a provision to be made for you from the deceased’s estate.
This assessment must not be relied upon as legal advice which can only be given when all circumstances have been carefully considered.
For a personalised assessment applicable to your particular circumstances, please call 1300-580-413 or email us today.
Based on the information you have provided us to date, and subject to the inherent limitations of this assessment tool, you have GOOD prospects of success in a worthwhile application for a provision to be made for you from the deceased’s estate.
This assessment must not be relied upon as legal advice which can only be given when all circumstances have been carefully considered.
For a personalised assessment applicable to your particular circumstances, please call 1300-580-413 or email us today.
Based on the information you have provided us to date, and subject to the inherent limitations of this assessment tool, you have REASONABLE prospects of success in a worthwhile application for a provision to be made for you from the deceased’s estate.
This assessment must not be relied upon as legal advice which can only be given when all circumstances have been carefully considered.
For a personalised assessment applicable to your particular circumstances, please call 1300-580-413 or email us today.
Based on the information you have provided us to date, and subject to the inherent limitations of this assessment tool, you have SOME prospects of success in a worthwhile application for a provision to be made for you from the deceased’s estate.
This assessment must not be relied upon as legal advice which can only be given when all circumstances have been carefully considered.
For a personalised assessment applicable to your particular circumstances, please call 1300-580-413 or email us today.
