Defending An Estate

The executor or administrator’s role is to preserve the estate funds and distribute according to the Will or prescribed law. When the estate is challenged you need to defend the estate from such actions so it’s vital to obtain legal advice early. Remember it’s your role to execute the Will in accordance with the will makers last wishes or deal with the estate in accordance with law.

Who Can Contest An Estate?

The law states that an ‘eligible person’ can make an application to the court to contest an estate. An eligible person is defined as:

  • Spouse or domestic partner
  • Former spouse or domestic partner
  • Child or stepchild
  • A person who believed they were a child of the deceased
  • Registered caring parent
  • Grandchild; or
  • Household member of the deceased

Act Now – Early Action is Best

There are very strict time limits in place for someone to dispute an estate. It’s vital you obtain urgent legal advice and respond quickly. Negotiations can commence as soon as possible and mediation can also help in resolving disputes. This will assist in any avoiding a costly court case.

Explore Probate & Contested Estates

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