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Many estates are administered without disputes. However, there are instances where potential beneficiaries have differing views of what the deceased intended and / or what constitutes a fair distribution of an estate. When those differing views lead to conflict one or more parties may seek to vary the distribution.
The matters which lead to such conflicts include real or perceived undue influence of the deceased prior to or at the time of making a Will, questions surrounding whether the testator had capacity to make a Will, interpretation of the Will (issues regarding what the testator’s intentions were), the handling, valuation and distribution of estate assets and whether a Will was drawn and executed properly.
Finding a Course of Action.
In some instances, the actual Will itself may be challenged. For example, if a Will fails to provide fairly for a deceased’s spouse or children, the will may be challenged and varied under the Wills, Estates and Succession Act.
At Daroux Law we assist you in determining the various courses of action available to you and advise you as to the potential for success of any such action.
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