Will disputes

The Succession Act 2006 allows certain eligible people to make a claim to the Supreme Court for provision from a deceased’s estate in circumstances where an eligible person has  been unfairly treated by being left out of a Will or has not been adequately provided for in a Will. 

Anne’s aim is to assist you to obtain your proper entitlement, preferably through negotiation or compulsory mediation rather than protracted and expensive proceedings.

There are time limits for commencement of these claims so do not delay seeking legal advice if you believe you have such a claim.

Anne also assist Executors in defending claims. It is the duty of the executor of the deceased’s estate to uphold the last Will and Testament.  The law recognises the right of a deceased person to dispose of their property as they wish.  It is the duty of the executor nominated under the will to uphold the will but subject to any reasonable claims for provision made by eligible persons who may challenge the will.

Disputes can vary over informal testamentary documents, testamentary capacity and interpretation of a Will.

Informal Wills: A document or writing of the deceased that does not conform with the formal requirements for a Will can sometimes still be accepted by the Supreme Court as a legal Will, such as a Will incorrectly signed or witnessed or an electronic Will. 

Validity of a Will: Application can be made to the Supreme Court to examine whether a Will is valid, including reviewing the mental capacity of the person making the Will, whether they were unduly influenced by interested persons at the time of making their Will, or whether any fraud or undue influence has been committed.

Interpretation of a Will: The Supreme Court in addition to its role of granting Probate, can also act as a Court of Construction, that is, how to interpret a Will once Probate of it is granted. If the wording in the Will is not clear or is ambiguous, it can determine the deceased’s intention by considering the words used in the Will in the light of surrounding circumstances.

Other disputes can involve matters relating to non performing executors or misuse of an Enduring Power of Attorney during the donor’s lifetime.

Contact Anne if you require further information or advice about contesting a Will.