When a person dies, their assets pass to their beneficiaries as set out in the deceased’s will.
Not all wills are valid, however. For example, did the deceased have the “Testamentary Capacity” to make a will? Sometimes a deceased person may make a will which is brought about by undue influence of others.
A will may have defects and/or its true meaning may be unclear or ambiguous. These issues can in some cases give rise to “challenges”. The issues relating to validity of wills can be many and varied. The validity of a will is different to “Inheritance Claims”. When a will is invalid it is of no effect, a will that is valid and subject to an “Inheritance Claim” can be modified and changed as to division of the Estate between beneficiaries.
If you find yourself to be unsure as to whether the will is valid, or that the will reflects the deceased’s wishes, or there are issues of capacity or undue influence, contact us at White Berman Ryder for early advice from one of our Adelaide Lawyers or Modbury Lawyers about such matters.