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.