You are welcome to call us on 1300 799 888 for a short free telephone consult. It will save you time money & convenience.
When making a will it is absolutely necessary that it is drafted with precision to ensure that your intentions will receive full force and effect allowing all of your nominated beneficiaries to share in your estate in the manner in which you intended. There is nothing worse than where a person drafts a will and, following their demise it leads to intestacy or to some beneficiaries being excluded who normally would have been included had the will been properly drafted. Even where wills have received care and attention when drafted it is essential to bear in mind that not only the main beneficiaries but others may also have a right to claim on your estate eg. under the Family Provisions Act.
Many wills are being contested today because a class of beneficiary(s) surfaces after the demise of the testator and the will fails to reflect the testator’s true state of mind with respect to these individuals at the time the will was made. Should you desire to make a will or wish to pursue a claim against an estate then we are available to assist you. We will aggressively pursue, on your behalf, the obtaining of your rightful entitlements in contesting any unreasonable provisions in a will or where the position of the testator is uncertain or where the will fails to address the proper entitlements of the beneficiaries or potential beneficiaries entitled to pursue a claim against the testator’s estate. This area of the law is further complicated by the rule against perpetuities and the class closing rules.
LAC Lawyers is able to assist clients with the following:
Obviously there is a lot to think about whether you be testator or testatrix, executor, beneficiary or a person whom the deceased has overlooked where they were responsible for your welfare. Irrespective prudence dictates that you obtain competent, independent, legal advice to guide you to your desired outcome. To this end please call LAC Lawyers on 1300 799 888 for competent, professional assistance. The costs of using a competent solicitor whether to draft a will, to obtain advice as executor, to avoid mistakes, to challenge it or to seek provision under it are small compared to the risks which you run by going it alone. In most cases costs are recoverable from the estate on determination.
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
Author(s):Jeff Tran BSc. LL.B.
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A.