Arbon Legal Group – Elder Law
We provide assistance for a range of matters relating to Elder Law
Unwanted Claims Against Your Estate
If you have been married in your lifetime, divorced, re-partnered, had children with different spouses, have an estranged child, sibling, parent or other relative, you may want to consider reviewing your Will to avoid unwanted claims against your Estate.
Unwanted claims against your Estate or Contested Wills are very common. All it takes is one person to feel like they did not receive an equal share to someone else, or that they deserved more than an equal share, for a very costly, arduous and vicious Court matter to ensue. Unfortunately, legal costs can be taken directly out of the estate in these types of matters so your loved ones may end up with little to no inheritance if they can’t agree between themselves.
The sad part is that contested Wills can be prevented and settled without litigation. Here are 5 tips to avoid a successful claim being made against your estate:
- Sign a clearly written Will that describes:
- the reason why a person is not receiving an equal portion to your estate; and
- how to deal with a dispute in the event that a person contests the Will.
- Inform your executor of the existence of your Will and your beneficiaries if you can manage that, communicate your intentions so that it isn’t a surprise when the time comes;
- Gift your assets to your beneficiaries before you die so that there is little left in the estate to fight about.
- Draft a testamentary Will for children underage, dependents or other persons that can be sued.
- If the conflict arises after death, seek a solicitor who can draft a legally binding agreement that finalises the negotiated settlement (Deed of Family Arrangement) so that the matter does not end up in Court.
For over 20 years, Arbon Legal Group have been providing comprehensive legal help to the people of the Gold Coast community. If you require further information or legal assistance in relation to your estate planning and administration please contact Arbon Legal Group on 07 5562 0444 or email firstname.lastname@example.org.
Read our latest elder law news
While people make a will so that their assets and affairs are handled in an orderly fashion after their death, this ideal scenario does not always play out. There are…
When a person dies the executor of the deceased will has a number of very important responsibilities.
Among many duties, the executor is called upon to make sure funeral arrangements are carried out per the deceased’s wishes as well as advise beneficiaries of their entitlements, apply to the Supreme Court for a Grant of Probate…
No matter what you do, it’s unlikely that you’ll be able to keep your family from bickering over your will. Inevitably, a family member will be upset about what they…