Deceased Estates

Contesting a Will

There may be many reasons why you might want to contest a will after the death of a loved one.  You may feel justifiably that you have not been treated fairly by the deceased or some other family member. 

Geoff  Jenkin  has  acted  in  many  cases,  not  only  for  claimants,  but  also  for  beneficiaries defending  a  deceased  estate  claim.  Geoff  Jenkin  can  help  executors  and  trustees  who usually act with neutrality but who nevertheless always need legal representation.

How to challenge a will - Legal representation and advice for disputes concerning deceased estates.

Contesting and defending a will can be difficult and there are a variety of different ways to go about a claim. These can be broadly summarised as below: ­
Law Reform (Testamentary Promises) Act 1949
-This applies where a person has made promises of testamentary provision in return for services rendered but who has died before making the promised will changes. Geoff Jenkin helps claimants to dispute a will under this particular statute.

The Property (Relationships) Act 1976 
-This applies after death of married or de facto couples.  The Act provides a useful tool  to  resolve  property  ownership  issues  that  arise  after  death.  The  Act  is  also useful for “trust busting”  purposes.  Assets transferred to a trust can be recovered in  certain  circumstances  under  ss44  and  44C  of  the Property (Relationships)  Act 1976. ­
Family Protection Act 1955
-The  law  recognises  that  a  person  has  the  right  to  make  his  own  will.  However, certain family members such as partners, children, and in some cases grandchildren can contest a will according to the provisions of the Family Protection Act 1955.   ­
Wills Act 2007
-Assistance can be given in regard to validation of wills where the procedures set out in the Act for the signing of wills have not been properly followed. ­
Misconduct Around Signing
-The High Court has broad powers around misconduct surrounding the signing of a will.  This  includes  cases  where  the  deceased  has  been  subjected  to  undue influence  and/or  duress  or  in  circumstances  where  the  deceased  lacked  mental capacity  when  he  or  she  signed.  These  cases  are  often  complex  and  difficult  to prove.   ­
General Administration Problems
-Problems  often  arise  in  the  general  administration  of  a  deceased  estate,  whether there is a will or not.  Parties may be able to apply to the High Court for directions in the  administration  of  a  deceased  estate  and/or  for  the  removal  of  executors  and appointment of new executors.  Contentious probate applications in solemn form are a specialist area of Geoff Jenkin.

Work With Geoff Jenkin to Contest a Will and to Resolve a Dispute Regarding a Deceased Estate

  • Geoff will assist in determining if the case is viable
  • Assess cases which are legally complex and procedurally difficult ­
  • Work to negotiate the best outcome for you
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