Challenging Wills – what you need to know

What does that mean for you?

Have you been wrongly left out of a Will? Has someone you love died and the Will that is about to be given effect was an old Will? Do you believe the deceased didn’t have capacity when making the Will?

These are common questions for clients wanting to challenge Wills.

The law throughout Australia varies between the States and Territories, but in every State and Territory it is possible to challenge a Will, and to prevent probate being granted until a Court has determined the validity of a Will (including if it’s the most recent Will).

Do you believe you have a legitimate case to argue in the Court that you should have been provided for in the Will?

The issue whether a Will was the most recent was the reason why the Appellant in the recent High Court case of Nobarani v Mariconte [2018] HCA 36 commenced Supreme Court proceedings in New South Wales The appellant in that case had argued that the valid Will the Court should uphold was a 2004 Will which included a bequest to him, whereas the executrix sought a grant of probate in relation to a 2013 Will (under which no bequests were made to the appellant).

The case makes clear the practical need for representation in these cases, the appellant had run the Supreme Court of New South Wales case himself, and this process took at least four years in the Court system, with Orders of costs made against the parties at different times – this made the proceedings very expensive for all concerned.

At Argent Law, our experienced Wills and Probate team have a combined 40 years’ worth of experience in this area!

We can help you to determine if you have a case to legitimately and successfully challenge a Will, and we can assist you as cost effectively and efficiently as possible.

Call Argent Law today on 03 9571 7444 to arrange a confidential discussion if you are worried about the validity of a loved one’s Will, or if you believe you – or someone you care about – has been wrongly left out of a Will.

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