Wills, Power of Attorney & Appointments

A formal will is generally considered to be one that has been prepared by a legal professional and which contains all the requisite parts. It will unambiguously state that it is a will, is a testamentary document, appoints an executor, and establishes how assets should be disposed of. In contrast, an informal will is usually produced by a person with no legal qualifications, and as a consequence may not contain all requisite sections. Nevertheless, it may well be testamentary in nature and include instructions as to assets, etc. If you are looking to write a will, or update an existing will, then you should speak to the wills and estate matters specialists at Liston Legal. Writing a formal will requires both knowledge of the law and the background and circumstances of the will maker, so as to avoid uncertainly, ambiguity, and potential disputes in the future.

If you think you have been left out of will from which you are entitled to make a claim, you will need to establish that you are in fact eligible, and also that you should receive some benefit from the estate. It might be the case that the court reviews your financial circumstances and determines that there is need, after which the will may be altered accordingly. If you think you have been left out of a last will and testament to which you have a claim, get in touch with Liston Legal to discuss your situation. We can provide advice and representation if there is a dispute over what is meant by a will, uncertainly over the provisions made, or questions as to whether representatives appointed in the will have fulfilled their duties.

When a person is left out of a will and this is contested, it is often disputed in terms of moral obligation. For example, if there is no provision for a spouse, life partner or de-facto in a will, it can be challenged on the grounds that there is a moral obligation for the deceased person to make provision for them in their will. The Liston Legal team are probate specialists and have extensive experience in representing clients who want to contest a will. Get in touch with us and we will assist you to prepare the documentation that the court will require in order to determine whether you have a claim on the estate of the deceased.