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The death of a person is a test time, and choosing from a will can make things even more difficult. In the absence of a legitimate will, it is often complex to seek the legality of the deceased’s property and it is stressful for the people involved. Although according to the law a person has the right to choose the heirs of their property, there are many good reasons why a person should choose the will?
But if you feel that you are entitled to more than a deceased property, then Deceased estate lawyers Perth can assist you.
What are the grounds for contesting a Will?
In Australia, you can contest a will if:
If the deceased has not left, otherwise the “exile” is known as the death, and then the property of the deceased is distributed in accordance with the rules prescribed in the state-based law. However, these rules do not take into account the personal circumstances of any potential beneficiaries of the deceased, which can result in an inappropriate distribution.
Deceased estate lawyers Perth are experienced legal practitioner engaged in will and property disputes and provides comprehensive and practical advice on challenging or defending wills, obtaining administration grant and finding solutions to claims and disputes. We provide a personalized, consistent approach, which admits that property claims are often emotional and highly sensitive.
Contesting a will begins by submitting a legal challenge in probate court. You must show valid reasons, such as fraud, undue influence, or that the person who made the will lacked mental capacity. Supporting evidence like documents, emails, or witness statements is important. The court then evaluates the case and decides whether to uphold, modify, or void the will.
Contesting a will in Perth carries several risks. It can be expensive, time-consuming, and emotionally stressful. There’s no guarantee of success, and legal fees may outweigh any potential gain. Family relationships can also be strained. Courts require strong evidence of unfairness, lack of capacity, or undue influence, so weak claims are often dismissed.
Eligibility to contest a will in Perth typically includes spouses, de facto partners, children, or other dependents of the deceased. Courts may also consider other family members who were financially reliant on the estate. Deceased Estate Lawyers in Perth can guide you through the process and help determine if you have a valid claim.
Yes, you can contest a will in Perth even if you live interstate. You don’t need to reside in Western Australia, but you must follow WA laws and file your claim in the appropriate court. It’s important to seek legal advice early, as there are strict time limits and specific procedures to ensure your claim is considered valid.