Will Disputes
Are you concerned that your loved one did not understand their Will? Are the terms of the Will unclear? Just because the Will is signed, it doesn’t mean that the Will is valid. Follow your instincts and ask the right person the right questions. Our approach is thorough and holistic. By applying our extensive knowledge, we will provide you with the answers you need.
What do I do if I think the will-maker didn’t understand the Will?
If the will-maker did not understand the Will then you might be able to issue a claim seeking an order that the Will is invalid. If the Will is invalid, then you need to consider any earlier Wills made by the will-maker to identify which will is the last Will; we can help you with this process.
If you’re concerned the Will is invalid because the will-maker didn’t have sufficient mental capacity (testamentary capacity) to make the Will, we can obtain medical records to consider the illnesses the will-maker was suffering from.
If a lawyer drafted the Will, we can ask for the law firm to provide us with a copy of the Will file so we can review the assessment made by the lawyer who took the instructions and drew the Will.
If the Will is in English and the will-maker was not proficient in English, you may be concerned that the will-maker did not understand the Will. We can assist you by obtaining the Will file to identify if the Will was translated to the will-maker.
What do I do if I don’t understand the Will?
Wills are not easy documents to understand. We can help you interpret the Will so that you can understand how the estate assets are to be distributed. If there is any doubt about the meaning of the Will, we can apply to the Supreme Court to ask the Court to advise you on the proper construction of the Will.
If you’re an executor of a Will and you’re unsure of the Will terms, call us before you distribute the estate to protect yourself against any claims.
What is the Varga Lawyers’ difference?
Our Director, Vanessa Varga, has a Bachelor of Science (Juris.) with a Pharmacology major. She is familiar with medical concepts and medications which sets her apart from other lawyers. Vanessa is able to expeditiously and methodically review medical records to provide key findings of facts which may support or oppose a claim. These facts can easily be overlooked by other lawyers who do not have this qualification.