A Will can be cancelled or ‘revoked’ in many ways. Whether a Will has been properly revoked may be an issue if, for example, more than one (1) Will has been found. The testator’s intention to revoke his / her earlier Will is usually stated in the testator’s new Will....

Read Article

A testator is entitled to appoint whoever they wish to act as the executor and trustee of their Estate. Usually, the testator will appoint the same person to be both the executor and trustee; typically a family member, close friend or solicitor. There is not much that can be done...

Read Article

This type of plan ensures that you should never have to pay any part of your own solicitor’s legal fees from your own pocket, whether you “win” or “lose”. Under this type of plan, the client’s solicitor should only charge a fee for their work IF the amount recovered by...

Read Article

Whilst there are some situations where the costs to challenge a Will are paid from the estate, this is not always the case. The general rule is that the successful party will have their legal costs paid for by the unsuccessful party. There are however some exceptions to this rule....

Read Article

A testator must be of sound mind, or have had “capacity” at the time of executing their Will. To have “capacity” means that the testator understands at the time of giving instructions to their solicitor and/or upon execution of their Will, the nature of what they are doing, the content...

Read Article