Wills being challenged

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Having a solicitor prepare your will is nearly always the cheapest and best option in the long term. Home made wills and will kits often create long term and expensive problems. Wills are often challenged in court which is generally expensive and traumatic. The courts frequently require the estate to pay the legal costs of all parties.  Wills can also be challenged on the basis of a claim that proper provisions has not be made for somebody or allegations that there has undue influence or lack of capacity.

We can advise you as to possible problems that can and frequently do arise and advise you of possible alternatives that are available.

Wills speak from the time a person dies and circumstances may change since the will was prepared. A properly drafted will should be able to deal with most future eventualities.

You should carefully consider who are to be the executors. If they die before you or are outside of NSW there could be difficulties.  Special care needs to be taken if your estate be managed for a child during their infancy.

You should consider having a relative or friend as your executor. They can choose which solicitor that will be involved.

The NSW trustee and guardian charges if they are the executors .

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