The numbers of will dispute cases and contested wills in Australia have increased considerably over the past few years. Therefore, an executor should be prepared for any potential challenge to the will in which they are appointed. In the event of a defending a contested will or challenged will, the executor and beneficiaries find themselves involved in complex litigation which can, without proper advice and representation, be costly, time consuming and draining.
If you are an executor in a contested will, contact Parke Lawyers as soon as you become aware of the challenge so that our specialist will dispute lawyers can advise you in relation to your rights, obligations and duties as well as the processes and stages of litigation in will dispute cases. It is important that you obtain advice as early as possible for defending a will
If you are an executor or beneficiary in a will, even if not contested, it is best to seek proper legal advice on your role, duties and the tasks you are expected to undertake in the course of executing the will. The role of an executor is complex and daunting, our specialist wills and estate lawyers can offer you advice and help to ensure that you understand that role and assist you in undertaking the tasks involved in executing the will. This provides a level of protection for you as an executor and prepares you best for any potential challenge to the will.
Executors who find themselves a party to a Family Provisions or Contested Will Claim case must fulfil a number of duties including:
While a will dispute case is initiated by way of application to the court, not all cases progress to full proceedings and a hearing. As matter of fact, Parke Lawyers have a strong record of settling the majority (over 95%) of will dispute cases, through mediation and without the need to progress to complex or expensive court proceedings.
If you are an executor party to Family Provision or Contested Will Claim action, it is extremely important that you contact us as soon as you become aware of the proceedings. You can make an appointment to discuss your case with our wills dispute lawyers who can assess your case, advise you on the litigation process, plan and prepare your defence and provide you with expert legal representation.