Canberra Contested Probate Solicitors - ACT Disputed Will Lawyers

LAWYER HELPLINE: 1800 455 886

Most of the citizens of Australia will leave assets when they die. Whether or not those assets are distributed in accordance with the wishes of the deceased person depends on whether or not there is a valid will, failing which the assets will be distributed in accordance with the law by the application of the intestacy rules which determines who will inherit by virtue of family relationships. Our Canberra contested probate solicitors are able to give advice on all matters relating to disputed wills. Our solicitors offer free advice on challenging a will from a qualified lawyer without obligation.

Validity of a Will

A grant of probate in ACT is a document issued by the court system that gives written authority for an executor who has been named in a will to deal with the assets of the deceased estate. A grant of letters of administration is a document issued by the court system that gives written authority for an administrator to deal with the assets of the deceased estate where there is no will. In dealing with the estate of the deceased a Canberra contested probate solicitor will initially consider whether or not any will presented is viable. To confirm a viable will, a Canberra contested probate solicitor will ensure that the will has been properly executed and witnessed. The final will of the testator must be free of fraud and undue influence.

Duty of Executor and Administrator

The duties of an administrator or executor in ACT are broadly similar and require all of the deceased’s assets to be identified, secured and valued prior to liquidation, subject to any specific bequests, before discharge of all of the estate liabilities with subsequent distribution of the assets in accordance with either the content of the will or the priorities contained within the intestacy rules. Executors and administrators remain personally liable to the beneficiaries throughout and may be sued by the beneficiaries in the event of any negligent losses caused by the executor or administrator. Most laymen who are appointed executor or administrator find these duties onerous and appoint a lawyer to deal with matters on their behalf. Our specialist Canberra litigation solicitors deal with contested probate including disputing and challenging wills.

Canberra Contested Probate Solicitors

Our Canberra contested probate solicitors deal with challenging wills and probate on behalf of potential beneficiaries. It may be that the will has not been executed properly or is invalid for some other reason thereby reviving an earlier will or invoking the intestacy rule in the event that there is no other will. These alternatives may better suit potential beneficiaries who may have been left out of a subsequent will. Furthermore our Canberra probate solicitors deal with applications for financial maintenance on behalf of dependants whose provision within the will is inadequate or non existent. A court of law in ACT will determine the financial provision to be made to the dependent with remaining assets (if any) being distributed in accordance with the provisions of the will.

HELPLINE: 1800 455 886