The executor of a deceased estate may need to take legal advice about challenges to the validity of the will, family provision claims or challenges to the proper interpretation of the will. This can be a stressful experience, particularly since the executor is often a close family member or friend of the deceased.
Doyle’s Guide named Parke Lawyers as a leading Victoria law firm in Estates Litigation. Our estate lawyers regularly act for executors and beneficiaries in defending challenges to wills. Our team will explain your rights and obligations, the processes involved, and help prepare the best strategy to preserve the estate and respect the wishes of the deceased.
The principal role of the executor is to uphold the terms of the will against challenge.
At times it will be in the interests of all concerned for the executor to assess the merits of any challenge to the terms of the will. Estate litigation can be costly, time-consuming and stressful for the beneficiaries. It is important that proper consideration is given to all relevant factors, as legal costs may be awarded against the unsuccessful party – whereas in time past, it was common for the costs to be funded from the estate.
The vast majority of will challenges defended by Parke Lawyers are settled out of court, due to our emphasis on representing clients at mediations to resolve disputes. Of course, some will disputes can only be resolved in court. We have a strong track record of success.
Our expert team of will dispute lawyers provide clear, considered and impartial advice to enable appropriate decisions to be taken early.