Defending a Will

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.

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How to defend a will?

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.

  • An affidavit determining the net worth of assets, liabilities and property;
  • An affidavit confirming the claim of the claim filed by the applicant;
  • An affidavit determining financial status of the named beneficiaries and other relevant information in William;
  • Any other necessary documents (s) in accordance with the court’s law or by the court.

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.

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