While a person is living, they can create a Will with instructions regarding what to do with their property – real estate, money, assets, rights and belongings – after they die. When they pass away, the person’s nominated executor (or an appropriate person under the Administration Act) is responsible for making sure the deceased person’s wishes are carried out. This means making applications to Court for grant of probate or letters of administration, which give the beneficiaries the right to transfer the property to their name.
Unfortunately, some Wills are not drafted correctly; the language used means they are unclear or not legally binding. Some family members or other stakeholders can feel unfairly treated or left out. The person may even have died without making a Will at all. This can lead to inheritance disputes between two or more people. While disputes are going on, nobody can get their probate or administration, and nobody can benefit from the gifts the deceased person has left behind.
If you wish to challenge a legal Will, or make a claim on the property of a loved one who has died intestate (without a will), we can help. Fourlion Legal can:
- Advise on your possible rights and responsibilities
- Help you understand the probate or administration process
- Help you gather any evidence or information you need to dispute the Will
- Provide information and guidance so you can decide what action (if any) to take
- Represent you at any negotiations
- Mediate discussions between parties to the dispute
- Make applications to Court
- Represent you in the Supreme Court
If you are currently in a dispute over an inheritance, it is a good idea to speak to an experienced legal practitioner as soon as possible. Call Fourlion Legal for an appointment to discuss your situation.