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A will is a legal document that determines the last desires of a person in relation to all their worldly possessions – property, financial and other properties – and once the bequest (the person who has done) died. The person drafted a will can usually leave his property as he wishes.
But what about it if they have left someone who really should have benefited? Is it possible for a will to be unjustified? What is the right to challenge a person to a Will? Is this possible?
Challenging a will can be incredibly complex. If you are planning to challenge an unfair will; it is essential that you consult a deceased estate lawyers Perth.
In simple words, one can usually bring a claim against a property if they are based on reasons; the only exception is ‘proper provision’. For any other aspects such as validity, capacity, inappropriate influence etc., there are no strict definitions of who can challenge Will, though you generally expect that he will be a person interested in property or someone on their account. ‘Proper provision’ is different from other areas. Only a few people can claim to challenge the conditions described in Will on the basis of such a dispute.
If you fall into one of these categories of people who can claim and believe that you may have a valid reason to challenge the will, then it is possible for a lawyer to make a legal challenge against unfair wills, resulting in a Modification or invalidation.
Whether you are thinking about a will challenge, or you are the executor or beneficiary of the witch, who is being challenged, our highly experienced deceased estate lawyers Perth can help you. We have the experience of winning fair compensation for our customers,
A will can be challenged by someone with legal standing, such as a beneficiary of a previous will, a close family member, or someone who was financially dependent on the deceased. Common reasons include undue influence, fraud, lack of mental capacity, or improper execution. Only those who would benefit from a successful challenge are eligible.
Courts consider several reasons for challenging a will, including if the person lacked mental capacity when making it, if the will was created under fraud, undue influence, or pressure, or if the legal requirements for signing and witnessing were not followed. Additionally, if another valid will exists, that can also be a reason to challenge.
Challenging a will can involve proving the will is invalid or that you were unfairly left out. At Deceased Estate Lawyers Perth, we help you gather evidence, such as doubts about the testator’s mental capacity or claims of undue influence. The process may include negotiations, mediation, or court hearings. It can take time, but we guide you every step to protect your interests and seek a fair outcome.
In Perth, you have 6 months from the date probate is granted to challenge a will under the Family Provision Act 1972 (WA). This applies if you believe you’ve been unfairly left out or not properly provided for. Extensions can be granted in limited cases, but it’s best to seek legal advice promptly to protect your rights.