Contested Wills and Estate Disputes

Contested Wills  ~  Get Proper Advice!

You are welcome to call us on 1300 799 888 for a short free telephone consult. It will save you time money & convenience.

It should be noted that where a valid will has been made it us unlikely that it will be overturned.  Most of the problems involving contested wills depend upon whether the document which purports to be the last will and testament of the deceased is in fact valid.  Essentially the will can be attacked on the following bases: 

1. it was not the last will and testament of the deceased; 
2. it does not constitute a valid will as the requisite formalities have not been followed;
3. the deceased lacked the necessary mental capacity to make a will;
4. it was altered after it was signed;
5. it was procured by undue influence or fraud; or
6. it was revoked.

In all such cases use the services of a competent solicitor to obtain proper advice.

Estate Disputes  ~  Make proper provision!

Apart from the matters referred to above a will may be attacked under the Family Provisions Act 1982 NSW to remedy a situation where dependents believe they have not been provided for.  The Act enables an eligible person to apply for a share or a greater share of an estate, however they must establish need and prove that the testator did not make adequate provision for them in the estate for their maintenance, advancement or education in life.  Basically the eligible person is normally concerned with questions of the reasonableness of provision.  Eligible persons are:

• The deceased's spouse at the date of death;
• Someone with whom the deceased was living in a domestic relationship;
• A child of the deceased person;
• A former spouse of the deceased person;
• A dependent of the deceased, which may include persons related or unrelated to the deceased, including foster children and persons in a same-sex relationship.

Where an order of the court is being sought to change a will, the court will address whether:

1. The eligible person has been left without adequate provision for their proper maintenance, education and advancement in life; and
2. If yes, what provision if any should have been made out of the estate to assist that person?

Technically all claims by an eligible person under the Family Provisions Act 1982 should be made within 18 months of the date of death of the deceased person.  Exception is only available with leave of the court in very limited circumstances.  Realistically all claims should be made well within time to overcome the possibility of the estate having been distributed otherwise the costs to deal with this will be substantial.

Costs

Normally solicitors bill their clients as the matter progresses.  With some wills/inheritance disputes we are prepared to wait until the end of the matter before submitting our bill.  In these cases our costs are usually paid out of the estate on settlement.

Wills disputes can become complex due to the classes of would be beneficiaries involved and the position they adopt.  One of the best ways to control the costs of contesting a will is to negotiate them wherever possible to avoid both the heavy costs of litigation and any untimely delays associated with administering an estate.

We do not accept instructions in matters where the client's claim does not exceed of $100,000.  Whether you be executor/executrix or a disappointed beneficiary and are concerned about a claim(s) made against an estate which you are administering or you have been overlooked by the deceased who has not made any or adequate provision for you please call LAC Lawyers to discuss.  In some cases you may wish to discuss with us whether you qualify for our contingency fee arrangements.

 

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