Wills and Court Challenges

Wills are legal documents which set out a person’s wishes on how their estate or property is to be dealt with after death. Upon the death of a person the will then becomes effective and the person who is named as the executor has the duty of ensuring that the wishes of the deceased as set out in the will are followed. When dealing with either real or personal property of value you must obtain what is termed Probate. A Grant of Probate from the Supreme Court of Victoria allows and gives the executor the power to deal with the assets and the liabilities of the deceased. The executor then has the duty to call in or marshal the assets and pay off any liabilities, then distribute the estate in accordance with the terms of the will.

There are many instances when beneficiaries or potential beneficiaries of a will do not believe that what has been done by the deceased is correct. A person may have been left out of a will as a beneficiary and feel aggrieved by this. The Administration and Probate Act 1958 (as amended) sets out in Part IV the matters which the court may be taken into account when dealing with this situation. Careful explanation is required of this area of law so that a beneficiary’s rights are protected, with the moral and legal position as set out by the law being enforced.

Robert Wood and Associates are well versed in this area of law having practiced in it for over 30 years. Your rights will be explained together with an assessment of the likelihood of success should court action be commenced. The cost consequences of any complaint or claim shall be carefully explained.