Sydney Contested Probate Solicitors - NSW Will Disputes

LAWYER HELPLINE: 1800 455 886

Most Australian residents will leave assets behind after their death. How those assets are distributed depends on whether or not the deceased has left a will. Anyone who wants to ensure that their assets are distributed according to their wishes should leave a will failing which the intestacy rules will determine who gets what based on family relationship priority. Our Sydney contested probate solicitors deal with challenging wills and disputed probate and we also act on behalf of dependants who seek to contest a will on the basis that there is inadequate provision.

Valid Will

The first question that our Sydney contested probate solicitors ask is whether or not the relevant will is valid failing which an earlier will may take precedence or the intestacy rules may apply. For a will to be valid it must comply with the following requirements:-

  • the person making the will must have mental capacity;
  • the will must be in writing;
  • the will must be signed by the maker;
  • the will needs to be witnessed in accordance with legislative requirements.

Grant of Probate

A grant of probate is a document issued by the court giving the executor who has been named in the will the right to deal with the assets of the deceased. In the event that no executor is named in a will or in the event that there is no will, a grant of letters of administration must be obtained, usually by a person who has a financial interest in the matter to give authority to deal with the assets.

Intestacy Rules

In cases where there is no will the intestacy rules apply and the assets are apportioned in accordance with the intestacy rules priorities which depend on family relationships. A dependent may however submit application which may disrupt the strict operation of the intestacy rules. If you have any queries on these matters our Sydney contested probate solicitors will be pleased to explain all testamentary matters in detail and in plain English without solicitors jargon. Contact one of our solicitors for advice without further obligation.

Executors Duties

An executors duties may be onerous especially in the case of complicated or high value estates. The executor is personally liable and must discharge duties with a high level of skill. Any shortfall in value is a liability that beneficiaries may claim personally from an executor. The executor is required to asses and value the entire estate, pay off the deceased’s liabilities and thereafter distribute the assets in accordance with the terms of the will or in the case of an administrator who has been granted letters of administration in accordance with the intestacy rules. Our Sydney testamentary solicitors accept instructions relating to litigated probate and wills matters from potential executors, administrators or beneficiaries and our solicitors will deal with all contested matters on their behalf from start to finish.

Challenging a Will

There are times when potential beneficiaries want to challenge a will and contest probate. This may happen if a will is improperly executed and a potential beneficiary of an earlier will or someone who may benefit under the intestacy rules takes issue with the will. In addition a dependent is entitled to petition the court for adequate financial provision which may lead to a contested probate case in a court of law. Our disputed probate solicitors are specialist in challenging wills and contesting probate in addition to defending such challenges on behalf of executors. If you have taken issue with a will or if you are an executor or administrator who is being challenged or if you are a dependent seeking adequate provision we can assist you.

HELPLINE: 1800 455 886