Estate Litigation deals with difficult situations where it is suspected that a deceased person's Will may have been made under unfair circumstances. It is the job of Estate Litigation to challenge a Will if sufficient evidence can be found that this was the case.
For example, if a person did not have the mental capacity to understand the effect of their provisions, perhaps because they made their Will whilst suffering from dementia, then Estate Litigation can be used to challenge the contents of that Will.
Similarly, if it is suspected that the Will maker was threatened, intimidated or otherwise pressured into gifting certain asssets when the Will was made, then Estate Litigation may be used to dispute specific provisions or aspects of the document.
Finally, if a Will appears to have been tampered with or incorrectly administered, then Estate Litigation may call into question the validity of the will.
A Family Provision Claim seeks to address problems that arise when a Will maker has not provided adequately for a spouse or close relative.
If an eligible person was left out of a Will for example, then a Family Provision Claim may be made against the deceased person's estate. Similarly, if a dependent's financial needs have been ignored or underestimated, then a Family Provision Claim may help to redress the balance.
A Family Provision Claim may also be made under State or Territory law where a Will maker has failed to meet certain financial obligations to their relatives.
There are often may factors involved in a Family Provision Claim including the character and relationship of both the Will maker and the claimant.
This website can help you find a Probate Lawyer located near you to assist you in making or defending against Estate Litigation and Family Provision Claims.
Most of our Probate Lawyers and Solicitors give short, free legal advice on first telephone contact.