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Under various statutes throughout Australia potentially disappointed beneficiaries may be able to bring a claim against the estate for family provision. It does not matter whether or not the deceased dies testate or intestate, the remedy nearly always centres on a situation where dependents believe they have not been adequately provided for. In both cases they must establish need and prove their entitlement to adequate provision based on their maintenance, advancement or education in life.
Family provision is only available to certain persons and it is only these who can apply to the court for a share of the estate irrespective of whether or not there was a will. Although an application should normally be made within 18 months of the date of death this period can be reduced or extended with leave of the court. In general, the eligibility criteria normally picks up those persons with whom the deceased enjoyed a close family or personal relationship and were dependent upon them. The court has a wide discretion as to what it considers important to establish provision. Further information is set out under the sections entitled "Inheritance Disputes, Intestacies and Mistakes" and "Contested Wills and Estate Disputes".
Should you consider that you have not been adequately provided for, call LAC Lawyers for informed legal advice.
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