Contesting a Will

Contesting a will – Camden and Campbelltown Lawyers

The two meanings when we refer to contesting a will.

last will and testament camdenThe first is that a will is not valid. This can be due to the fact that the will has not met certain required formalities or because the maker of the will (“the testator”) did not have the proper capacity to make the will.

Secondly, there can be basis for a challenge under the Family Provision Act, an Act of Parliament which allows certain persons who believe they received an inadequate – or no – benefit when they warranted more.

Top Tips for Campbelltown Families to avoid will disputes

1. Plan ahead. Encourage your parents to have a power of attorney in place and have them make their wishes known to all the children, not only the one who has been given the responsibility of managing things.

2. Do not wait to seek legal and financial advice when there is property involved. (that includes nursing homes which can often be complex)

3. While the parents are alive their best interests should always come first.

4. If you are acting under the power of attorney be sure to keep the lines of communication open with brothers and sisters. Collaboration is the key to avoiding disputes. Avoiding disputes is the key to avoiding heavy legal costs.

5.KEEP CLEAR RECORDS – as parents get older and especially if they are relying on you and /or your siblings to look after their affairs, it is very important to keep clear records and share them amongst all the siblings.

Call Frontier Law Group now on 02 4655 3100