Wills, Probate & Estate Disputes - Have you been left out of a Will?
Date: June 04, 2010
Authors: Carol Grimshaw LL.M., B. Legal Studies, Adv. Dip. Bus.
The death of a relative or an intimate is a difficult time for us all. We mourn their loss and grieve for the times that might have been. Then, the Will is read and no one contacts you to discuss your inheritance. You believed your loved one would have made provision for you in their Will and you are shocked to learn that this has not happened. What do you do?
We recommend you consult LAC Lawyers to discuss whether you are legally entitled to make a claim against the deceased’s estate. Talking with us will enable you to clarify whether you have a legal claim for family maintenance provision. We will discuss whether the deceased, or testator as they are referred to legally, had a moral duty to ensure your proper maintenance and support under their Will.
If we advise in conference that you do not have a claim, you will have peace of mind that it was not your loved one’s intention to deny you a benefit from their estate but perhaps that the law required them to financially provide for others in their life. When meeting with LAC Lawyers among other matters, we will address the following issues:
- your relationship with the testator was intermittent or inconsistent and/or you had been distant for a time before the testator’s death;
- the Will discusses your relationship with the testator but specifically excludes you and states the testator’s reasons why – is this valid;
- another member of your family or of the testator’s intimates received more than you believe they were entitled – how this is assessed and what can you do;
- you believe the testator was pressured by a beneficiary to provide more to that beneficiary than entitled resulting in you not obtaining a benefit under the Will – what the courts think about influencing a testator’s last wishes.
If you have a family maintenance provision claim under the Probate and Administration Act 1958 (Vic), we can help you work toward negotiating a fair outcome with the executors of the estate and if necessary, commence a formal claim for family provision.
So, who must be considered for benefit from an estate when a testator makes their Will? The list of people to be considered comes from historical views about who must be taken care of when a person dies, placing the family as the central unit in civil society. Given recent developments in family law, regarding de facto and same sex relationships, we know the legal concept of ‘the family’ is constantly changing and adapting to meet modern experiences. A list of persons to whom a testator owes a moral duty includes:
- married, de facto and same sex spouses
- siblings (particularly those living with an impairment or incapacity preventing them from deriving an income);
- biological, step and foster children;
- grandchildren;
- housekeepers;
- long term carers; and,
- friends.
This list is not exhaustive and may be extended, depending on the circumstances of your relationship with the testator and the nature and size of the testator’s estate.
We encourage you to contact LAC Lawyers for a one hour conference to learn your entitlements and to experience our compassionate approach to addressing your sensitive legal needs.
Contact us now for Fast, Accurate and Timely legal advice
Phone LAC Lawyers on NSW 1300 799 888 or VIC 1300 734 638 or send us an email
Deceased Estate Claims - Freedom to do what you want with your estate is limited
Date: May 19, 2009
Author(s): LAC Lawyers
No doubt you’ve heard people say from time to time they think they should be able to do what they like with their wills and how their estate, being their assets, is given once they die. They’ve worked hard all their lives, they’ve amassed a lot, or a little, and now, considering who should get their assets once they ‘go to a better place’, they frequently decide they’ll vent their disapproval of one or more of their children’s behaviour towards them by favouring one over another.
Disputing A Will & Family Provision Act Claims
Date: November 28, 2007
Author(s): LAC Lawyers
Two of the more common complaints made in connection with an estate include that the deceased lacked understanding or mental capacity when he or she made the will or that a family member or dependant was "left out of the will".
Essential Will Information
Date: November 08, 2006
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Many people today make their own wills and this approach is fraught with danger. A will is a written declaration that sets out how a person wants their assets to be distributed to their beneficiaries following death.
Estate Planning - More than just a matter of making a will - Part 1
Date: May 06, 2008
Author(s): LAC Lawyers
Many people believe that by making a will, they’ve sufficiently planned for their death. This is a good start. A lot of people don’t do even that. Some estimates suggest that as many as half the people in Australia that die each year do not leave a formal will.
Estate Planning - More than just a matter of making a will - Part 2
Date: May 06, 2008
Author(s): LAC Lawyers
As stated previously in Estate Planning - More than just a matter of making a will Part 1, preparing a will is an important part of estate planning. A thorough and well drafted will determines to a large extent how your affairs are to be dealt with when you’re gone.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 1: The Will
Date: January 13, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
A will is a legal document in which the will maker sets out how and to whom his or her personally owned assets are to be distributed after death, the manner in which his or her estate is to be administered and the powers the executors are given.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 2: What is a Testamentary Trust?
Date: January 13, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Simply, a testamentary trust is a trust established by a will. Testamentary trusts can be mandatory or optional, fixed or non-fixed, flexible or protective, short or long-term, or charitable or non-charitable.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 3: Types of Testamentary Trusts
Date: January 15, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The main reason for creating a beneficiary controlled testamentary trust is for protection of the principal beneficiary, particularly in a situation of relationship breakdown of marriage or de facto partnership. With the beneficiary controlled testamentary trust, there is considerable protection of assets from the primary beneficiary’s hostile family members.
Making a claim against an estate
Date: September 23, 2005
Author(s): LAC Lawyers
Sometimes when a family member passes away some of the deceased’s relatives believe that they have not been adequately provided for in the deceased’s will.
The Importance Of A Will
Date: September 26, 2006
Author(s): LAC Lawyers
If you do not make a will and die “intestate” then your estate will be divided according to the law, regardless of your wishes.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Wills, Probate & Estate Disputes - Will Kits
Date: June 04, 2010
Author(s): Carol Grimshaw LL.M., B. Legal Studies, Adv. Dip. Bus.
Your Will Last Will and Testament (Will) is your final legally binding communication to the world including those you love. You should ensure that expression is tailored to meet the whole of your circumstances.
Deceased Estate Claims - Freedom to do what you want with your estate is limited
Date: May 19, 2009
Author(s): LAC Lawyers
No doubt you’ve heard people say from time to time they think they should be able to do what they like with their wills and how their estate, being their assets, is given once they die. They’ve worked hard all their lives, they’ve amassed a lot, or a little, and now, considering who should get their assets once they ‘go to a better place’, they frequently decide they’ll vent their disapproval of one or more of their children’s behaviour towards them by favouring one over another.
Disputing A Will & Family Provision Act Claims
Date: November 28, 2007
Author(s): LAC Lawyers
Two of the more common complaints made in connection with an estate include that the deceased lacked understanding or mental capacity when he or she made the will or that a family member or dependant was "left out of the will".
Essential Will Information
Date: November 08, 2006
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Many people today make their own wills and this approach is fraught with danger. A will is a written declaration that sets out how a person wants their assets to be distributed to their beneficiaries following death.
Estate Planning - More than just a matter of making a will - Part 1
Date: May 06, 2008
Author(s): LAC Lawyers
Many people believe that by making a will, they’ve sufficiently planned for their death. This is a good start. A lot of people don’t do even that. Some estimates suggest that as many as half the people in Australia that die each year do not leave a formal will.
Estate Planning - More than just a matter of making a will - Part 2
Date: May 06, 2008
Author(s): LAC Lawyers
As stated previously in Estate Planning - More than just a matter of making a will Part 1, preparing a will is an important part of estate planning. A thorough and well drafted will determines to a large extent how your affairs are to be dealt with when you’re gone.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 1: The Will
Date: January 13, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
A will is a legal document in which the will maker sets out how and to whom his or her personally owned assets are to be distributed after death, the manner in which his or her estate is to be administered and the powers the executors are given.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 2: What is a Testamentary Trust?
Date: January 13, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Simply, a testamentary trust is a trust established by a will. Testamentary trusts can be mandatory or optional, fixed or non-fixed, flexible or protective, short or long-term, or charitable or non-charitable.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 3: Types of Testamentary Trusts
Date: January 15, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The main reason for creating a beneficiary controlled testamentary trust is for protection of the principal beneficiary, particularly in a situation of relationship breakdown of marriage or de facto partnership. With the beneficiary controlled testamentary trust, there is considerable protection of assets from the primary beneficiary’s hostile family members.
Making a claim against an estate
Date: September 23, 2005
Author(s): LAC Lawyers
Sometimes when a family member passes away some of the deceased’s relatives believe that they have not been adequately provided for in the deceased’s will.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
A Will: how should I make one?
Date: March 07, 2009
Author(s): LAC Lawyers
If you want to leave your estate, being your assets which you’ve struggled for years to acquire, to those closest to you, then it’s advisable to make a will. Otherwise your estate will be administered in accordance with the statutory order set out in the Probate and Administration Act.
Deceased Estate Claims - Freedom to do what you want with your estate is limited
Date: May 19, 2009
Author(s): LAC Lawyers
No doubt you’ve heard people say from time to time they think they should be able to do what they like with their wills and how their estate, being their assets, is given once they die. They’ve worked hard all their lives, they’ve amassed a lot, or a little, and now, considering who should get their assets once they ‘go to a better place’, they frequently decide they’ll vent their disapproval of one or more of their children’s behaviour towards them by favouring one over another.
Essential Will Information
Date: November 08, 2006
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Many people today make their own wills and this approach is fraught with danger. A will is a written declaration that sets out how a person wants their assets to be distributed to their beneficiaries following death.
Estate Planning - More than just a matter of making a will - Part 1
Date: May 06, 2008
Author(s): LAC Lawyers
Many people believe that by making a will, they’ve sufficiently planned for their death. This is a good start. A lot of people don’t do even that. Some estimates suggest that as many as half the people in Australia that die each year do not leave a formal will.
Estate Planning - More than just a matter of making a will - Part 2
Date: May 06, 2008
Author(s): LAC Lawyers
As stated previously in Estate Planning - More than just a matter of making a will Part 1, preparing a will is an important part of estate planning. A thorough and well drafted will determines to a large extent how your affairs are to be dealt with when you’re gone.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 1: The Will
Date: January 13, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
A will is a legal document in which the will maker sets out how and to whom his or her personally owned assets are to be distributed after death, the manner in which his or her estate is to be administered and the powers the executors are given.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 2: What is a Testamentary Trust?
Date: January 13, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Simply, a testamentary trust is a trust established by a will. Testamentary trusts can be mandatory or optional, fixed or non-fixed, flexible or protective, short or long-term, or charitable or non-charitable.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 3: Types of Testamentary Trusts
Date: January 15, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The main reason for creating a beneficiary controlled testamentary trust is for protection of the principal beneficiary, particularly in a situation of relationship breakdown of marriage or de facto partnership. With the beneficiary controlled testamentary trust, there is considerable protection of assets from the primary beneficiary’s hostile family members.
Making a claim against an estate
Date: September 23, 2005
Author(s): LAC Lawyers
Sometimes when a family member passes away some of the deceased’s relatives believe that they have not been adequately provided for in the deceased’s will.
Making A Good Will
Date: June 01, 2008
Author(s): LAC Lawyers
Some say there are two certainties in life: death and taxes. But if you do not want your ears ringing after you have left this earth, then it is certain that you need to make a Will and to make sure that your Will is clear, precise and properly executed.
The Importance Of A Will
Date: September 26, 2006
Author(s): LAC Lawyers
If you do not make a will and die “intestate” then your estate will be divided according to the law, regardless of your wishes.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Wills, Probate & Estate Disputes - Will Kits
Date: June 04, 2010
Author(s): Carol Grimshaw LL.M., B. Legal Studies, Adv. Dip. Bus.
Your Will Last Will and Testament (Will) is your final legally binding communication to the world including those you love. You should ensure that expression is tailored to meet the whole of your circumstances.
A Will: how should I make one?
Date: March 07, 2009
Author(s): LAC Lawyers
If you want to leave your estate, being your assets which you’ve struggled for years to acquire, to those closest to you, then it’s advisable to make a will. Otherwise your estate will be administered in accordance with the statutory order set out in the Probate and Administration Act.
Can my self managed superannuation fund (SMSF) buy property?
Date: September 01, 2010
Author(s): LAC Lawyers
In the past, Australian law with respect to Superannuation did not permit a SMSF to borrow money, or to mortgage the fund’s existing property BUT...
Deceased Estate Claims - Freedom to do what you want with your estate is limited
Date: May 19, 2009
Author(s): LAC Lawyers
No doubt you’ve heard people say from time to time they think they should be able to do what they like with their wills and how their estate, being their assets, is given once they die. They’ve worked hard all their lives, they’ve amassed a lot, or a little, and now, considering who should get their assets once they ‘go to a better place’, they frequently decide they’ll vent their disapproval of one or more of their children’s behaviour towards them by favouring one over another.
Disputing A Will & Family Provision Act Claims
Date: November 28, 2007
Author(s): LAC Lawyers
Two of the more common complaints made in connection with an estate include that the deceased lacked understanding or mental capacity when he or she made the will or that a family member or dependant was "left out of the will".
Essential Will Information
Date: November 08, 2006
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Many people today make their own wills and this approach is fraught with danger. A will is a written declaration that sets out how a person wants their assets to be distributed to their beneficiaries following death.
Estate Planning - More than just a matter of making a will - Part 1
Date: May 06, 2008
Author(s): LAC Lawyers
Many people believe that by making a will, they’ve sufficiently planned for their death. This is a good start. A lot of people don’t do even that. Some estimates suggest that as many as half the people in Australia that die each year do not leave a formal will.
Estate Planning - More than just a matter of making a will - Part 2
Date: May 06, 2008
Author(s): LAC Lawyers
As stated previously in Estate Planning - More than just a matter of making a will Part 1, preparing a will is an important part of estate planning. A thorough and well drafted will determines to a large extent how your affairs are to be dealt with when you’re gone.
Estate Planning - Self Managed Super Funds
Date: July 12, 2010
Author(s): LAC Lawyers
Retirement is not at the forefront of most working people’s lives but it should be. As Australia’ population is aging superannuation, and saving for retirement is becoming increasingly important.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 1: The Will
Date: January 13, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
A will is a legal document in which the will maker sets out how and to whom his or her personally owned assets are to be distributed after death, the manner in which his or her estate is to be administered and the powers the executors are given.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 2: What is a Testamentary Trust?
Date: January 13, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Simply, a testamentary trust is a trust established by a will. Testamentary trusts can be mandatory or optional, fixed or non-fixed, flexible or protective, short or long-term, or charitable or non-charitable.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 3: Types of Testamentary Trusts
Date: January 15, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The main reason for creating a beneficiary controlled testamentary trust is for protection of the principal beneficiary, particularly in a situation of relationship breakdown of marriage or de facto partnership. With the beneficiary controlled testamentary trust, there is considerable protection of assets from the primary beneficiary’s hostile family members.
Making a claim against an estate
Date: September 23, 2005
Author(s): LAC Lawyers
Sometimes when a family member passes away some of the deceased’s relatives believe that they have not been adequately provided for in the deceased’s will.
Making A Good Will
Date: June 01, 2008
Author(s): LAC Lawyers
Some say there are two certainties in life: death and taxes. But if you do not want your ears ringing after you have left this earth, then it is certain that you need to make a Will and to make sure that your Will is clear, precise and properly executed.
The Benefits of Hiring A Lawyer
Date: August 16, 2006
Author(s): LAC Lawyers
The old adage “you get what you pay for” is as true today as it has ever been.
The Importance Of A Will
Date: September 26, 2006
Author(s): LAC Lawyers
If you do not make a will and die “intestate” then your estate will be divided according to the law, regardless of your wishes.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Why stay with your lawyer
Date: August 01, 2006
Author(s): LAC Lawyers
The lawyer/client relationship is a personal one and there are many reasons which will dictate who you can and cannot work with. If you don’t like your lawyer, should you change? Ultimately, the relationship between a lawyer and client must be built on mutual trust.
Wills, Probate & Estate Disputes - Will Kits
Date: June 04, 2010
Author(s): Carol Grimshaw LL.M., B. Legal Studies, Adv. Dip. Bus.
Your Will Last Will and Testament (Will) is your final legally binding communication to the world including those you love. You should ensure that expression is tailored to meet the whole of your circumstances.