We pride ourselves in solving issues for our clients in the most efficient manner possible. We take the time needed to fully understand our clients’ legal position and offer practical advice on how to achieve their desired outcome.
Given the costs and emotional stress of Court proceedings, litigation should always be the last resort. Should a dispute lead to Court action, Carpenter & Associates is able to provide you with the best representation and has a strong reputation in Adelaide’s legal profession in this regard.
Been left out of a Will?
If you have been left out of a Will, or have been unfairly treated in terms of the amount of your inheritance, you may be able to make a claim against the estate.
Who can dispute a Will?
It varies from state to state, but some of the people who may be entitled to claim include people who had a relationship with the deceased such as: wife or husband; defacto or same sex partner; former spouse or defacto partner; child or grandchild; parent of a child of the deceased parent, brother or sister (in certain circumstances). This is a very general guide only so please contact us to discuss your particular circumstances.
Is there a time limit?
Yes, there is. This also varies from State to State. In South Australia, you have only 6 months from the Grant of Probate to make a claim. In certain circumstances, we might be able to obtain an extension of the time limit so please contact us to discuss your situation.
What if I don’t believe the Will was valid?
You can challenge a Will if you believe that the Will is a forgery or if the person lacked the mental capacity to make a Will. You can also challenge a Will if you believe that undue influence was brought to bear upon the deceased or if there was fraud involved.
How do I make a claim?
First, contact us so we can assess your claim and discuss the particular circumstances of your claim. If it is worth continuing we will contact the executors and notify them of your claim. We will then gather evidence, prepare documents and make an offer to the executors. Many claims are settled through negotiation at this stage. If the matter isn’t resolved then we can lodge documents with the court to initiate proceedings. We can still negotiate and in some cases mediation will be required by the court. Failing all else, we will proceed to a court hearing wherein the evidence will be presented and the judge will make a decision.
We can help
At every stage of contesting or challenging a Will it is important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly court fees, but if it comes down to court we also have the skills to fight on your behalf.
Contact us to find out more or to arrange an appointment.