Disputes often arise over the terms of a deceased’s will. The most common disputes occur when a spouse or child is left out of the will, or when a child receives a smaller share of the estate than other siblings. Other common disputes include disagreements over what assets form part of the estate, to begin with, and whether the will-maker was unduly influenced, calling into question the validity of the will.

The Wills, Estates and Succession Act gives the Court broad discretion to vary the terms of a will in order to ensure it is just and equitable. The Courts will often alter the terms of a will if a spouse or child is disinherited, where there is unequal distribution among children, or where one of the beneficiaries does not receive a share of the Estate that appropriately addresses his or her needs.

Whether you are a person who wishes to create a will, a beneficiary who wishes to preserve the terms of a will, or a spouse or child who feels that you did not receive a proper share, the lawyers at Taylor Pelton can assist you.