A legal Will provides peace of mind that your loved ones and assets will be protected.
Wills
Making a Will is one of the best methods of ensuring that your property and assets are distributed as per your wishes upon your death. It can save your loved ones a lot of stress and money during what will undoubtedly be a difficult time.
On the face of it a Will looks deceptively simple, yet there are many traps a person can fall into and it is difficult to be objective when preparing your own Will. There are many reasons why and why we recommend you engage an experienced lawyer to prepare your Will.
In Kenneth Epps as Executor of the Estate of John Homer (deceased) -v- Homer & Ors [2006] WASC 290 Master Sanderson of the WA Supreme Court said at [1]
“The making of home-made wills can lead to problems. That statement is not a paid advertisement for the legal profession. It is a statement of fact.”
In this case, the children of the deceased’s wife were in effect disinherited because of a homemade will.
Macdonald Rudder Lawyers Wills & Estate Planning services is professional and respectful. We work with you and provide practical and ethical legal advice. We are always be upfront about the legal options available to you.
Further information > Making a Will
Will Disputes
If you believe you have been left out of an inheritance or that you did not receive a proper part of the estate, you can contest a will or make an inheritance claim.
In Western Australia you only have six months from the date Probate was granted to make a claim, or such further time as the Supreme Court might allow. There is no guarantee that time will be extended.
A Will can generally be challenged for the following reasons:
- the Will was not properly executed, or there was evidence of tampering
- the testor was improperly influenced or tricked into creating the will by another person
- the testor did not know and understand the contents of the Will, either because they lacked sufficient mental capacity, or did not understand English
- the Will is so unclear or ambiguous that a court is unable to understand it.
These challenges, if successful, set aside the whole Will.
Instead of challenging the whole Will, certain family members – usually a child, spouse (or de facto partner) and in certain circumstances others – can make an Inheritance Claim. That is they can ask the court to vary the terms of the Will to make provision (or better provision) for them.
Further information > Contesting a Will