Wills & Estates at ABKJ

Creating a Will

Creating a Will is one of the most important responsibilities of anyone who has assets.  Without a valid and correctly worded Will, the chances of your estate being distributed exactly the way you want is greatly reduced.  Once a Will has been created, it is just as important to update your Will if your circumstances change.

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 override 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, an 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 respect to the administration of the Estate, providing you 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 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 the 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.

Talk to our experienced lawyers today for advice and guidance on creating, updating or contesting a will.