It is always difficult to deal with the death of a family member. If you are not happy with what has been provided to you upon someone’s death, there are a number of ways in which their will may be challenged. We can guide you through this process and advise you in order to achieve the best outcome in the circumstances
About our Family Protection Services
If you are considering whether to challenge the will of a deceased person, the first step is to obtain legal advice as to what claims are available to you and your likelihood of success. The various situations in which it may be possible to challenge a will include the following:
a. If a close family member has not provided for you or has only made minimal provision for you;
b. If a deceased person did not have adequate mental capacity at the time they signed their will;
c. If someone placed undue influence or pressure on a deceased person when they signed their will; and/or
d. If someone did not follow through with a promise to provide for you in their will as a result of services you performed for them.
Whether you are the person seeking to make a claim or defend a claim, we can assist, both in and out of Court. If you would like our assistance, please contact one of our family lawyers below.
Frequently Asked Questions
Sometimes people lose capacity to make decisions about their welfare or managing their property and need others to make these decisions for them. Unless Enduring Powers of Attorney have been made while the person requiring assistance (the subject person) has capacity an application under the Protection of Personal Property Rights Act to the Family Court will be necessary.
You will likely need help with the application, help with understanding what your ongoing commitments will be and how the process works. The Court requires specific information to be provided to it before it will consider an application. This will need to be presented in an affidavit and medical evidence as to the subject person's incapacity will be required.
The Court will appoint a lawyer to represent the interests of the subject person and the person appointed by the Court to act as welfare guardian and/or property manager will have ongoing reporting obligations to the Court.
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