Bill Liston is the firm's principal and main wills and estates practitioner having advised on and prepared wills throughout his professional career.
Applications for probate and administration are an important part of the firm's practice under Bill's guidance and supervision and ably supported by Debbie Burton, the firm's experienced paralegal.
Drafting wills often requires a working knowledge of taxation and corporate law and an understanding of the willmaker's family background and circumstances.
Bill Liston's connection with the New England region for most of his life and his competent grip on succession legal issues equips him to undertake these tasks.
Our firm also offers advice and representation in wills and estate matters where there is a dispute about what the will means, whether the will has made adequate provision for all those claiming an entitlement under the will and whether the personal representatives appointed under the will have properly discharged their duties. There may also be doubts or a dispute about whether the willmaker had adequate capacity when he or she made the will.
The firm's fees are negotiable, reasonable and competitive.
A formal will is generally considered to be one that has been prepared by a legal professional and which contains all the requisite parts. It will unambiguously state that it is a will, is a testamentary document, appoints an executor, and establishes how assets should be disposed of. In contrast, an informal will is usually produced by a person with no legal qualifications, and as a consequence may not contain all requisite sections. Nevertheless, it may well be testamentary in nature and include instructions as to assets, etc. If you are looking to write a will, or update an existing will, then you should speak to the wills and estate matters specialists at Liston Legal. Writing a formal will requires both knowledge of the law and the background and circumstances of the will maker, so as to avoid uncertainly, ambiguity, and potential disputes in the future.
If you think you have been left out of will from which you are entitled to make a claim, you will need to establish that you are in fact eligible, and also that you should receive some benefit from the estate. It might be the case that the court reviews your financial circumstances and determines that there is need, after which the will may be altered accordingly. If you think you have been left out of a last will and testament to which you have a claim, get in touch with Liston Legal to discuss your situation. We can provide advice and representation if there is a dispute over what is meant by a will, uncertainly over the provisions made, or questions as to whether representatives appointed in the will have fulfilled their duties.
When a person is left out of a will and this is contested, it is often disputed in terms of moral obligation. For example, if there is no provision for a spouse, life partner or de-facto in a will, it can be challenged on the grounds that there is a moral obligation for the deceased person to make provision for them in their will. The Liston Legal team are probate specialists and have extensive experience in representing clients who want to contest a will. Get in touch with us and we will assist you to prepare the documentation that the court will require in order to determine whether you have a claim on the estate of the deceased.