Because of the problems and legal claims that can arise from poorly drafted or executed Wills, or from Wills made without a full understanding of the law, it is advisably to have a suitably qualified and experienced lawyer draft your Will to suit your particular situation.
Challenges to Wills can turn into court cases that are long, difficult and expensive for those left behind. Challenges can arise from a partner, child or grandchild (or in some circumstances a parent or step-child) being left out of a Will, or being made provision for that they consider inadequate for their proper maintenance and support. These sort of challenges are made under the Family Protection Act, and our lawyers are particularly experienced in dealing with court action relating to this type of claim.
Challenges to Wills can also arise under the Testamentary Promises Act from failing to make provision for those the will-maker promised to in some circumstances. It may also be possible to challenge a Will on the basis of a claim that it is invalid in form, or because the will-maker did not have the mental capacity to make a valid Will.
Of course the assistance of a lawyer is also necessary when someone has died without a Will.