Estate Disputes.
Following the passing of a family member or friend you may discover that the Will does not exactly read how you were expecting, or that other factors were at play during the period when the will was signed. You may not feel that the ‘Will’ correctly reflects the deceased’s intentions. We understand that these surprises can be incredibly hurtful and difficult to process.
Faced with these circumstances we will calmly review the details of the estate and provide advice in relation to your available options. Our priority is to ensure that you have the support and confidence to make your voice heard and move forward with your life.
OUR SERVICES
Why challenge a Will?
If you feel that a will does not reflect the deceased’s true intentions or feel that you have been treated unjustly you may consider making a claim. For many people this is a difficult choice to make as it may ignite family tensions or cause personal embarrassment.
If you were inadequately provided for within a will, making a claim may allow you to secure your financial independence and gain a sense of acknowledgement about your relationship with the deceased.
If you are considering challenging a will we encourage you to contact our office for a confidential chat as soon as possible. Together we can assess the situation, discuss what is involved and determine if it is right for you.
MAKING THINGS FAIR FOR ALL
On what grounds can a will be contested in NSW?
There are a number of circumstances that may allow you to contest an estate.
When is a Will a Will?
Sometimes people leave behind informal documents (such as notes, emails or other letters) which reflect the deceased wishes, but legally are not a formal will.
Perhaps you wish to question whether the informal document is intended to be the last Will.
Can the terms of a Will be interpreted differently?
Perhaps the will is unclear about specific assets or classes of people. For example, your friend’s Will left all their plants to you, but also mentioned giving their prized fig to their mum.
Do you believe the deceased lacked the capacity to do a Will at all?
Perhaps at the time of writing their Will, there were questions about whether the person was of sound mind. For example, a diagnosis of dementia, alzheimer's or mental illness.
Are you suspicious that the signature on the Will does not belong to the deceased?
To make a will legally valid in NSW the deceased must sign the Will. Perhaps you may be concerned about fraudulent acts related to signing of the Will.
What if someone was forced to sign a will?
Are there questions about pressure or influence placed on the person to sign their Will?
GETTING THE OUTCOME THAT IS RIGHT FOR YOU
How to challenge a Will in NSW
The most common way to challenge an estate is via a Family Provision Claim. This is an application to the Supreme Court of New South Wales outlining your relationship to the deceased and requesting a share (or a larger share) from the estate proceeds. In simple terms it’s the legal way of putting your hand up and saying “hey, I was treated unfairly in this Will, and it should be reviewed
A claim must be lodged within 12 months from the date of death.
Who can lodge a family provision claim?
To be able to make a Family Provision claim you must be someone who had a significant connection to the deceased. The following persons are regarded as being ‘eligible persons’:
Spouses (married and de facto partners);
Children of the deceased (including step-children);
Former Spouses of the deceased;
Grandchildren who at some time had a dependency on the deceased;
Persons living in a ‘close personal relationship’ with the deceased at the time of death.
How can I lodge a family provision claim?
To lodge a Family Provision claim, get in touch with us today and we can guide you through the application.
DOLLARS AND SENSE
How much does it cost to contest a Will NSW?
The costs of disputing a will through the NSW Courts can quickly escalate and there are never any guarantees of success. Because of this the strength of your legal case should be carefully considered by a trained professional before you commence your claim.
Factors which may determine the overall expense of the matter include:
Nature of the dispute - If you are lodging a family provision claim or contesting the legitimacy of the will itself.
The complexity of your claim and the need to obtain supporting documents and/ or statements from other people.
The number of parties involved in the dispute.
Whether an early settlement can be reached (before the matter reaches Court).
Through our experience we have observed that when estate disputes limp on for years and eventually reach Court, nobody comes out a winner. Therefore our main aim is always to seek out an early settlement, utilising crafted skills of negotiation and conflict resolution to secure the best possible outcome for our client.
If your claim is successful, the costs of your case (or a significant part of them) may be covered by the estate. In some cases, after proper assessment Abbotts and Co Lawyers may be able to offer clients a no win, no fee arrangement.
CONNECT WITH US
Do you believe you have been overlooked or treated unfairly in a will?
At Abbotts and Co, we take the time to understand not only the estate, but also the family situation and issues (both legal and personal) which may be contributing to an estate dispute.
To learn more about disputing an estate, contact us or click below to book in a complimentary chat so we can further discuss your options and help you plan a path forward