Contentious Probate and Trust Disputes

Contentious Probate and Trust Disputes

In New South Wales there are actions you can take if you believe that a Will is suffering one of the following issues:

  • The Will is not valid as it was not signed by the deceased in accordance with the requirements set out in the legislation; or
  • The deceased lacked testamentary capacity at the time they made the Will. This often occurs where the deceased was suffering from dementia at the time they made the Will; or
  • The deceased was under duress from an intended beneficiary when they made and signed the Will; or
  • The Will is not the last Will of the deceased as a later Will has been discovered; or
  • You believe that the Will is a forgery.

Under the legislation if you believe one of the above issues has occurred then you have the ability to lodge a caveat with the Supreme Court against a Grant of Probate issuing. This will effectively stop the Estate being administered and the assets distributed to the beneficiaries until any issues surrounding the Will have been resolved by the Court.

These types of proceedings are often referred to as ‘Contentious Probate’. There are certain things you need to be aware of if you intend to lodge a caveat against a Grant of Probate and it is an extremely good idea to obtain expert legal advice from a Probate specialist before you commence any action in the Court.

One of the main problems that can arise in lodging a Caveat is the potential that a costs order may be made against you if the proceedings are improperly commenced or without merit. Our expert Probate specialists have assisted numerous people in contentious probate proceedings and we understand the strict legal processes involved as well as the evidence you will require to put before the Court in order to be successful.

Do not despair if a Grant of Probate has already issued as you may still be able to make an application for the Grant of Probate to be revoked by the Court.

Contentious Probate and Trust Disputes are extremely technical, legal areas which is why you will need the assistance of expert Probate lawyers. At Heckenberg Lawyers we will explain to you the process involved in contentious probate proceedings or trust disputes. We will also be able to offer you our legal opinion on your prospects of success prior to commencing proceedings.

At Heckenberg Lawyers we deal with Contentious Probate and Trust Disputes everyday and we make sure our client’s understand exactly what is involved and we’re with them every step of the way.

At Heckenberg Lawyers we don’t take our clients’ confidence for granted: we work hard to earn it by providing an efficient, cost effective service which puts your interests first and doesn’t cut corners. We take pride in achieving repeat custom and winning clients by word of mouth recommendation.

See our Will Dispute Lawyer & Contesting Wills page for more information on the Wills & Estates services we provide or contact us for advice specific to your situation.