Each person has a right to decide how he or she would like their assets to be distributed when they die. Their final wishes are outlined in a Last Will and Testament. However, there are many valid reasons to contest a loved one’s will; you might have been unfairly provided for, or not provided for at all. Rest assured there are legal courses of action you can take to seek appropriate provision.
Fred Kalouche & Associates can help you navigate this already difficult time by assisting you to contest the will.
According to Succession Act 2006, a will’s validity can be challenged after a person dies if:
- They did not have the capacity to make a will at the time they signed it;
- They made the will under the influence of others; or
- The claimant believes they are entitled to more from the deceased’s estate than they received.
If you are considering taking this path, there are several types of claims you need to know about:
- Testator’s family maintenance claim;
- Lack of testamentary capacity claim;
- Undue influence claim; and
- Breach of trust claim.
The process of contesting a will can be complex, but Fred Kalouche & Associates can help break it down for you and guide you through the process of reclaiming what is rightfully yours. Our experienced team of estate litigation lawyers will be there for you, every step of the way. We can ensure your claim is viable; review the size and scope of the estate; negotiate the best possible outcome for you; and take away the stress and worry of the situation.
Seeking prompt legal advice is your best chance at a successful claim. It’s important to know there are strict timeframes governing when you can make a claim.
If you believe you’re entitled to more than what has been bequeathed to you, contact Fred Kalouche & Associates on (02) 8062 6300 today to discuss your legal grounds for a claim.