Conflict between family members and others concerning the division of a deceased's estate is a regrettable fact of life. Like any conflict that involves legal remedies, the truth is that the sooner quality legal advice is obtained the sooner you are in a position to know where you stand and to make the right choices for the protection of the interests of yourself and those for whom you are responsible.
These choices usually include the consideration of legal rights and strategies for negotiation and legal action to either defend the provisions of a will or to vary those provisions.

In Australia, the laws governing wills and estates are determined by State Legislation. In New South Wales, the principle pieces of legislation governing wills and estates are the Wills, Probate and Administration Act 1898 (the "WPAA"), the Family Provision Act 1982 and the Trustee Act 1925.

The questions of the validity of a will, testamentary capacity and undue influence are primary issues that are often raised in estate litigation and are subject to much general law precedent. Expert evidence as to the state of health of the deceased and the facts and circumstances surrounding the execution of the will in question are some of the factors that are relevant in determining these issues.

Sometimes it is necessary to take prompt action following the death of a deceased to lodge a Caveat and/or commence Family Provision Act proceedings to prevent another administrating an Estate and in order to preserve rights with regard to an estate. Where doubt exists as to the validity of a will, the party seeking to obtain a Grant of Probate in respect of that will can be required to prove the will in solemn form; requiring detailed evidence of the facts and circumstances in respect of the making of the will.

Strict statutory time limits exist whereby it is possible to lose the right to question a will or to make a claim upon an estate if notice of that claim and proceedings are not commenced within a specific time. That time limit varies from State to State.

At Wallbanks we appreciate just how difficult it is to consider and manage personal conflict and legal issues at a time when you may be experiencing significant grief. In these circumstances we seek to provide the legal service you require including prompt advice, assistance in negotiation and legal action based upon a realistic assessment of the ultimate benefit of any course of action, including legal proceedings, having regard to the value of the estate.

It is important to remember that help is available and that you are entitled to honour your interests in respect of deceased's estates; even if that only means the proper consideration of your rights.