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Alpass & Associates
511 Mount Dandenong Rd
Kilsyth VIC 3137
Ph: 03 9725 0377
Liability limited by a scheme approved under the Professional Standards Legislation.
Estate (Will) Disputes
When making a Will it is essential to have your rights and obligations properly explained to you by an experienced lawyer so that you can have confidence that your wishes will be put in place upon death. In this way, the costs associated with litigation and the stress caused to family arising out of disputes, can often be avoided.
The person who makes a Will (the Testator) has an obligation under the law to provide support and maintenance for certain individuals and classes of individuals. Persons who believe that they have been insufficiently provided for or not provided for at all can bring a claim through the Courts challenging the Testator’s wishes.
Of recent years, the law has expanded the classes of individuals who can bring claims.
People who bring claims in relation to such matters (Plaintiffs) are often surprised how swiftly and efficiently the law treats such claims. It is our experience that in excess of 80% of Plaintiff’s claims in this area of the law are settled prior to trial through mediation. Mediation is a compulsory, highly successful pre-trial process which often saves substantial legal costs and emotional turmoil.
The law in Victoria provides that if a deceased Testator did not make provision in accordance with his or her responsibilities, then there is a possibility of inadequate provision. Inadequate provision is a breach of the duty that a Testator has for the maintenance and support of those closest to them, including family, friends and even paid persons upon whom a Testator may have some reliance, such as a carer.
Of course, Testators cannot totally prevent challenges to the validity of a Will, although a properly drafted Will can be a great disincentive to frivolous claims. Beware that Wills that are not drafted with consideration given to the above matters, make it easy for litigation, involving expensive costs and the unpleasantness, to occur.
Our firm acts for both estates resisting the challenges brought by litigants and for the litigants themselves who believe that a deceased did not make proper provision for them.
To speak to a Lawyer in relation to Will challenges and the proper preparation of Wills contact Alan Alpass or Julie Pemberton for prompt and thorough legal advice.