If you’ve been left out of a will, or have been unfairly treated in terms of the amount of your inheritance, you may be able to make a claim against the estate. Wills Direct can provide you with advice as to whether you are someone who is entitled to claim against an estate under South Australian law.
We can also offer advice if you are an executor or a beneficiary and a claim has been made against the estate or against your interest in the estate. There are time limits in which to claim, so if you wish to do so, you should contact us as soon as possible to discuss the claim.
You can also challenge a will if you believe that the person who made it lacked the mental capacity to make a will or had undue influence brought to bear upon him or her or if you believe the will is a forgery or there was any kind of fraud involved in the making of the will. Because of the time limits in which to make a claim, you should contact us as soon as possible if you have concerns in relation to the validity of a will .
Many estate claims are settled by negotiation and very few actually progress to Court. In most cases the parties settle the matter and enter into a Deed of Family Arrangement to vary the terms of the will.
However, if the matter isn’t able to be resolved by negotiation, it will be resolved by a judge making a decision at a court hearing during which all evidence is presented. There are opportunities to negotiate and resolve things all the way along. At every stage of contesting or challenging a Will it’s important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly court fees, but if it comes down to going to court, we are also able to fight on your behalf to achieve the best possible outcome in the circumstances.
Regardless of the circumstances, if you are experiencing any conflict in relation to a will or a deceased estate, you can arrange a home visit with Katrina so that she can explain the legal process and your rights and start to work towards a solution.