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Will disputes are becoming increasingly common in Australia, it is important that the trustee is prepared for a challenge or challenging situation of Will. If you have been appointed as an executor, then you are responsible for the legal process for ensuring that all the instructions recorded in the bill have been completed.
Defending a disputed will can be a challenging task that whether you are a trustee or beneficiary but our experienced Deceased estate lawyers Perth can guide you at all stages of litigation.
As in all states, it is the executor’s role to take any action brought against the property. If legal proceedings are issued against the property, then in that capacity they will be released against the trustee. The proceeding will not be released individually against the person, who has been nominated as a trustee unless the allegations, of an asset, fund are raised against the executor.
In response to the claim, the executor should prepare, file and provide the following evidence documents in the court registry, i.e.
Once the parties presented their related affidavits or status letters in the court and on each other, the parties will be determined to try and resolve the arbitration dispute.
If you are an executor or beneficiary of a Will that has been contested or challenged, then our highly experienced Deceased estate lawyers Perth can assist you. We will help you understand your rights and responsibilities.
Defending a will becomes necessary when someone challenges its validity, often claiming issues like undue influence, lack of capacity, or improper execution. It’s also required if beneficiaries dispute how assets are distributed. In such cases, legal representation helps uphold the deceased’s true wishes and ensures the will is legally recognized.
Yes, family members can defend a will if they believe it truly reflects the deceased person’s wishes. They may need to provide evidence proving the will’s validity, such as confirming the testator’s mental capacity or that it was signed properly. Legal advice is often helpful when disputes arise over a will’s authenticity.
You may need to go to court if someone challenges the validity of a will. In such cases, the probate court reviews the evidence and hears arguments from all parties involved. If there are no disputes, the process usually proceeds smoothly without a court appearance. Legal advice is recommended.
When defending a will, strong evidence is needed to prove its validity. This may include witness statements, medical reports confirming the testator’s mental capacity, and proof that the will was signed freely and correctly. Earlier wills, letters, or documents can also support the case. For expert help, contact Deceased Estate Solicitors in Perth.