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Wills & Estates at ABKJ

Creating a Will

Creating a will is one of the most important responsibilities of anyone who has assets or a spouse. Without a correctly worded Will the chances of your Estate being distributed exactly the way you want it are greatly reduced and you could end up becoming a burden on those you love the most. It's important for Wills to be updated as circumstances change and it's important to ensure your Will meets certain requirements to make it legal.

For more information on this, read our article on ways you can reduce the risk of Estate Litigation.

If you want to ensure your will is legally binding and will do the job you intended it to, contact ABKJ to talk to one of our Will & Estate Planning Lawyers.

Contesting a Will

Contesting the validity or intention of a Will is a complex process. If a will is written clearly, and without ambiguity there is generally little a court can do to over-ride the wishes of the deceased. However, a will can be contested or challenged if:

  • It is alleged the will was incorrectly executed or was tampered with.
  • The will was executed under pressure from others or the will maker was incapable of making a will.
  • Insufficient provision has been made in the will for a spouse, children or other persons the will maker has an obligation to provide for. Where family members have not been adequately provided for under the terms of a will, application can be made for provision to be made out of the deceased's estate.
  • The will has been incorrectly administered.

Probate & Administration

If you have been appointed an Executor of an Estate or you are a relative of a deceased who died without a will (or valid will) ABKJ Lawyers can assist you with explaining your legal duties and options with repect to the administration of the Estate together with providing you with assistance and guidance with lodging an Application for a Grant of Probate. 

What is Probate? - Probate is the official recognition that a will is legally valid in the eyes of the Supreme Court and the authority for the Executor of the Will to administer the estate.

At ABKJ Lawyers we have extensive experience in the area of Probate & Administration, and will be able to provide you with sensible, cost effective advice on the available methods relevant to your particular situation.  We will take the worry and stress out of this sometimes onerous task and provide you with personal attention that is required.

If you're making a Will, updating an existing Will, need Estate Planning advice or you've been appointed the Executor of an Estate, contact us for quality legal advice.

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