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Other Services that we offer

CWPL can help you with other problems associated with deceased estates.

Lost or missing assets

In our work as expert lawyers in Wills and Estates, when we look at the affairs of someone who has died, we sometimes find that the assets that were owned by the deceased at the date of their death are far less than everyone expected. This can be for a number of reasons. For instance:

Lost or missing assets: The solution

If you are experiencing these sorts of problems here is how CWPL can help you:

We can sometimes help to get back assets that the deceased gave away before they died.

As a lawyer and with his experience as a tax lawyer, qualified accountant and financial planner, Terry Johansson can thoroughly investigate the situation for you, and advise you on the best way to get the assets back.

Invalid wills / Other grounds for disputing a will

We can only commence a Will Dispute if any Will left by the deceased is valid. The question of the validity of the Will must be dealt with first, and only when it is approved by the Court can we commence a Will Dispute.

A Will can be held to be totally ineffective, and invalid if you are able to prove:

Using the wording in the will to support your case

Even if the Will is valid, there may be other reasons why the effect of a Will may be argued about. The Claims may be:

Defending a will dispute

The Executors of the estate involved in a Will Contest or Challenge usually consider themselves entirely innocent! People usually agree to act as an Executor without knowing what they need to do, and not even realizing that they can be legally liable to the beneficiaries.

If a claim is made against the estate for an Increased Inheritance, the Executor will need to decide issues such as:

The Executor involved in a Will Dispute should obtain legal advice to help deal with the following:

The Executor is also faced with resolving how to interpret the Will. For instance, events that occurred after the Will was signed may end up giving the effect of the Will a totally different interpretation.

As experts in estate litigation, CWPL can help the Executors to interpret the Will and correctly administer the estate, so as to best shield the estate from legal action.

If you are acting as Executor of an estate that may involve legal proceedings, please feel free to contact us for an Initial Review, on the phone, and without any obligation to you whatsoever.

Probate applications

If you are an Executor appointed under a Will, you will usually need a grant of Probate to be able to collect the assets and administer the Will.

If a person has died without making a Will, you will need to arrange Letters of Administration.

We can obtain Probate or Letters of Administration for you in New South Wales and Victoria and can arrange these documents in other states or overseas.