Will Disputes
Do not rely on advice from friends or family or internet searches to determine your legal entitlement under a will or an estate. The law of wills and estates are extensive and you should always seek legal advice as soon as possible, especially before any limitation period expires. We offer expert advice regarding setting aside wills, variation of wills and Family Provision Claims under the Succession Act 2006 (NSW).
Are you a trustee or executor of an estate?
If you are appointed as an executor or trustee of an estate we can advise and assist you with:
- Applying for a grant of probate to allow the distribution of the estate assets
- Defending the will against a Family Provision Claim under the Succession Act 2006 (NSW)
- Disputes over the validity of the will; and
- Disputes over the administration of the estate
Have you been left out of a will?
If you have been left out as a beneficiary under a will, you may be eligible under the Succession Act 2006 (NSW) to claim a part of the estate. This is referred to as a Family Provision Claim. Generally, you have one year (12 months) to make a claim against the estate. However, where there is a reasonable explanation, the Court may give leave to commence a claim “out of time”. For example, you may have been unaware of your eligibility to make a claim, lacked understanding of the legal process, were incorrectly advised by a legal professional or you only recently became aware of the testator’s death.
Are you a beneficiary who has not received their share of the estate?
If your share is subject to a testamentary trust and controlled by the trustee of the estate, you may have a claim to collapse the trust and receive your inheritance. The executors may claim that you owe the estate a debt and want to reduce your share of the estate accordingly. We can assist you with assessing your claim, negotiating with the executors and trustee and if necessary, taking court action to ensure that you receive your share of the estate.
At your first consultation, Brendan or Andrew will identify whether you have a potential claim on the estate, and what steps you should take. As the loss of a loved one and disputes about their will and estate are naturally very emotional and difficult, our goal is to provide sound legal advice and services that are professional, ethical and supportive.
Do you believe undue influence has been exerted on a testator so that the current will does not really represent the testator’s desires? Did the testator have mental capacity to make that will at that time?
If there is evidence that a family member of other person has pressured the testator of a will to change the terms of a will to someone’s disadvantage, or that the testator lacked mental capacity to make a will, the Court may set the will aside.
If you have any wills and estates queries please contact Brendan Manning on 0416 080 616 or Andrew Manning on 0405 296 842 to arrange a consultation.
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Phone: (02) 9279 3122 / Mob: 0416 080 616
Fax: (02) 9475 4001
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