Has a loved one passed and you want to contest the Will? Or are you the executor of an Estate that is being contested? We have all the information you need about:
registering caveats on probate applications;
contesting wills based on incapacity, undue influence, contrary intention and mistake;
dependents relief applications;
applications under the Matrimonial Property Act;
defending contested estates; and
Here are answers to some of our most frequently asked questions about Estate Litigation:
QUESTION: HOW EASY IS IT TO CHALLENGE A WILL?
It depends. Courts generally uphold the writer's wishes, but wills can be challenged for lack of capacity, undue influence, spousal or child support, mistake and contrary intention.
QUESTION: HOW DO I CHALLENGE A WILL BASED ON LACK OF CAPACITY?
In order to challenge capacity of the will maker, one must prove that the testator did not understand
1. the nature and extent of their property or net worth; 2. the members of their family; 3 that they were making a will; and 4. the nature of the disposition of assets.
QUESTION: CAN I MAKE A CLAIM AGAINST MY DECEASED SPOUSE'S ESTATE EVEN IF WE HAVE A PRENUPTIAL AGREEMENT THAT STATES WE CAN'T?
Yes. Parties can't contract out of the Wills and Succession Act. Everyone has a duty to provide for their dependants.
QUESTION: HOW DO I CHALLENGE A WILL BASED ON UNDUE INFLUENCE?
In order to be successful, you need to prove 1. Motive of undue influence; 2. Opportunity; 3. Resulting benefit under the will; and 4. Positive proof of coercion.