At STOLaw, we provide legal advice in most areas of law. We have a large, experienced team of lawyers who will listen to you and help you with your case.
Have you been left out of a Will or felt that it was unfairly written? Are you involved in an Estate dispute or are you thinking of thinking of contesting or challenging a Will? Are you involved in an Estate Dispute where there is no Will? If so, we may be able to assist you on a "no win, no fee basis".
There is a difference in challenging the validity and challenging the terms (i.e: distribution) of a Will.
The validity of a Will may be challenged for a number of reasons including:-
If a Will is validly executed, certain persons who are dissatisfied with the terms of the Will (ie the amount that has been provided to them of an estate under a Will) are eligible to ‘challenge’ the distribution.
This is known as making a Family Provision Application.
This involves seeking an order from the court that you be given a greater share from the estate than what has been provided for in the Will.
The Court, in determining whether any challenge will succeed will take into account a number of factors.
These factors, in general terms, include:-
This is not intended to be a complete list but a general outline as to the factors that a Court will take into account.
If you intend on challenging a Will there are strict time limits which must be complied with. A failure to comply with the time requirements may result in the ability to challenge being lost forever. Please contact us to discuss the relevant time limits.