Even if your affairs are straightforward, drafting a Will with the assistance of a skilled Wills Lawyer guarantees that your intentions are carried out without problems. In our experience, many people are unaware of their assets and what they may leave to their loved ones. This is especially true if you are leaving a complicated scenario behind, such as numerous estates, family trusts, a blended family situation or a self-managed superannuation fund.
Whilst you may not want to worry about a Will or a succession plan, given it is not a particularly nice notion and there being a lot to consider, making and executing an effective Will is a crucial aspect of your life that should be taken seriously. It provides you the authority to select who receives what when you pass. Even though a Will is a legal document, our Wills & Estate Lawyers make it as simple as possible to create one.
Making a formal Will is the most effective method to ensure that the people you care about are cared for when you pass away. It is a method for you to tell your loved ones exactly how you want your estate split. At Nicholas James Lawyers, our team of experienced Wills Lawyers are an important part of the process and provide a tailored service.
We understand that each of our clients have individual needs and wishes; we pride ourselves on our personalised, supportive approach to each of our clients’ circumstances. We ensure accuracy and precision when drafting our Wills, so that our clients can be certain their wishes are reliably represented.
Contesting a Will
The loss of a family member or close relative can be one of the most emotionally devastating times in a person’s life. However, the feelings of grief that you go through following the death of a loved one can be made worse when you realise that the Will appears not to be in terms that you believe your loved one would have created, or in circumstances where you have not been adequately provided for in that person’s Will, or not at all.
The same can be said when your loved one passes away without a Will and those persons whom you believe should not benefit from the estate, become entitled by law, to a share in that person’s estate.
Challenging a Will may appear to be a daunting endeavour. You won’t have to worry about the legalities with our team of experienced Wills Lawyers guiding you each step of the way.
In Victoria, the Administration and Probate Act 1958 (Vic) provides an avenue whereby persons who have concerns regarding a Will, can apply to the Supreme Court to challenge, or otherwise alter a Will. These situations include:
- Where a person did not have the requisite testamentary capacity to make a Will at the time the Will was signed by them.
- Where it is alleged that the person made their Will under the influence of other persons (and hence, not of their own free will).
- Where a person believes they are entitled to a portion or greater portion of the estate than they received under the Will (Testators Family Maintenance Claim).
Should your claim be successful, the Supreme Court may make several orders regarding the effect of the Will or otherwise, alter the distributions as contained in the Will in favour of the claimant.