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contesting a will

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greenfrog View Drop Down
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Joined: 15/June/2005
Location: Australia
Posts: 1
  Quote greenfrog Quote  Post ReplyReply Direct Link To This Post Topic: contesting a will
    Posted: 15/June/2005 at 10:51

Could you please inform me as to how to go about contesting a will that I have been mensioned in. What are my legal rights.

greenfrog986186

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Joined: 20/May/2005
Location: Australia
Posts: 171
  Quote AussieLegal Quote  Post ReplyReply Direct Link To This Post Posted: 20/June/2005 at 09:26
Dear greenfrog, You will need to contact a solicitor experienced in contesting wills and have them look at the circumstances of the estate. If there is a case, they will very likley place a caveat on the assets of the estste and file the case in the Supreme Court. This then allows you to negotiate with the executors (and other beneficiaries) and hopefully reach a more equitable arrangement. If you cannot reach agreement, then a Supreme Court Justice will hear the case and decide what is equitable. The process, however, is not cheap. In many cases the estate will pay  for the legal expenses of the challenge - but check with your solicitor first. There is a Legal Advice Line available on the AussieLegal site where you can get fomal advice by phone in your state. Call on 1300 728 200 for more info or see the section in this site. AussieLegal.

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