A portion of a deceased estate can turn into a contested estate and there are a number of ways this generally occurs.
- A family member or other person that is alleged to have had a “special relationship with the deceased” perceives they have been left out of a will or what is known as inadequately provided for. This means that they may wish to then make a claim against the estate to get what they believe is a proper provision. This is particularly common where someone is quite unwell, fragile or has mental health problems just prior to or at the time they were entering into the new will arrangements.
- There may be an allegation that an executor or administrator is not behaving appropriately and therefore there is a request for them to be removed as administrator of the estate.
We are seeing an increase in number of these types of disputes particularly family based disputes involving the capacity of someone when they are signing a will and also involving allegations of being left out of a will.
At Rafton Family Lawyers we have successfully acted for both persons seeking to dispute a will as well as on behalf of the executor or administrator of the estate who are defending a claim.