CONTESTED WILLS, DISPUTED WILLS, CHALLENGED WILLS & TESTATOR FAMILY MAINTENANCE (TFM CLAIMS)
Contested estate claims and other estate disputes or challenges may arise between family members and other potential beneficiaries after a person dies.
• LEAVING YOUR ASSETS - A person can make a Will leaving his or her assets to whomsoever the Will maker pleases.
• OMITTING A PERSON - If a person chooses to leave out a spouse or children from their Will, the principles of testamentary freedom dictate that the person can do this.
HOWEVER:
• ADEQUATE PROVISION - The legislature, as a matter of social policy, regards it as right and proper that a person, in making a Will, should make adequate provision for the maintenance and support of those persons closest to or dependant on him or her.
• "MORAL OBILIGATION reflects a duty resting on a Will maker to make not merely adequate or sufficient financial provision for members of his or her family, but also the obligation to measure the adequacy or sufficiency by reference to what is right and proper according to accepted community standards."
• PART IV CLAIMS - There is legislation that allows a Court to sometimes make alterations to a person's Will. The legislation is found in Part IV of the Administration and Probate Act 1958. These types of claims are known as "Part IV claims".
There may be relatives, de facto spouses and their children who are left without adequate financial provision and who can make a claim against the estate
We act for parties who may be contesting a Will or fighting a contested Will.
We have the experience to challenge or defend all estate dispute claims.
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