The term litigation generally involves a court action. Sometimes court actions are not as acrimonious as one might thing. If for example a person becomes incapable of managing their financial affairs or they are unable to take care of their physical well-being and they have not drafted Powers of Attorney, appointing someone to act on their behalf, then someone would need to make an application to the court to be appointed as their Guardian.
This process of submitting an Application to become a Guardian of Property or Personal Care is a court process. And it can be a difficult and overwhelming exercise. If your loved one has become incapable of managing their finances or their personal care, and they haven’t drafted Powers of Attorney to address who they would want to act on their behalf, you may need to make an Application to become their Guardian. We can assist you with that process.
There are many different grounds to challenge a Will. These include Family Law Act Provisions, Dependent Relief Claims, Trusts, Contracts, Undue Influence, Fraud, Forgery and the lack of Capacity.
There are also grounds to challenge a Will if is was not property signed by the testator or not signed at all, if the Will was not properly witnessed, if the Will was voided by a subsequent marriage (if you marry after signing your Will it is void, unless you made that Will in “contemplation of marriage”), or the Will was revoked by making a subsequent Will.
If you feel that a loved one’s Will might fall into one of the areas listed above, we would be pleased to discuss the matter with you.