We give free practical advice on potential litigation when a will is invalid, has been lost or destroyed or when there is inadequate provision for a dependant of the deceased. Some of the problems that can often give rise to litigation involving contentious probate and contested wills are:

Actions for or against negligent and/or fraudulent personal representatives for breach of trust. Problems can happen when personal representatives do not act in accordance with the terms of the will or fail to ensure all the beneficiaries receive what they should do under the terms of the will.

Litigation involving the construction of wills and trusts, rectification actions, applications to remove or substitute executors or trustees;

A will is only valid if an adult who has not been unduly infuenced by anyone else and who is not mentally ill makes it. The will must be signed or acknowledged to have been signed in the presence of two independent witnesses who must also sign.

Dependents can expect continued financial support after death. If a spouse, a partner, a child or a disabled person is supported financially and then little or no provision is made for them in the will, they can challenge the lack of adequate provision made for them. 

If the original of a will is lost, the probate registry may accept a copy of a will. This is usually after a full court hearing where a judge listens to evidence to establish whether the will was destroyed and therefore revoked.