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Contesting a Will, Will Disputes and Family Provision claims
I highly recommend the expertise and unfailing follow up from Michaela Money and Christine Hunyh. They handled the legal situation of a very poorly written will and a property in a foreign jurisdiction with extensive knowledge and understanding of a very difficult and stressful time for me following the death of my husband. I know I chose the most highly skilled, supportive and professional team.
I can highly recommend Michaela and MJM Lawyers. Michaela is a highly professional and knowledgeable lawyer who showed genuine care. Michaela provided clear guidance and provided great clarity with a difficult situation. Michaela runs a very professional service and I have no hesitation in recommending her and MJM Lawyers.
Excellent from the start. Understanding comprehensively. Gets to the objective concisely and promptly. Very respectful and dignifying. Completely satisfied with results. Worth every penny !
I had a most positive experience with MJM Lawyers and particularly with Victoria Sewell. We were able to communicate regularly without hitches. Victoria was marvelous with helping me through what could have been a complex situation. We were able to achieve a positive result which was as I’d hoped. Communication was open and complete. Any concerns I had were put to rest with Victoria’s explanations and confidence. I would recommend them and I’ll certainly be keeping them in my contacts list for future assistance. A pleasure to deal with from start to finish.
The best service ,and very knowledgeable.for such a difficult time on my fathers passing .everyone was amazing , responsive and extremely professionalGreat job , thanks
We engaged MJM Lawyers via their Online Probate Application service – the efficient and knowledgeable service was so professional and efficient, and at a very reasonable cost. Michaela and Christine guided us through the process and warned us where we may have had difficulties. I would certainly use them again for other matters and definitely recommend them.
Christine Huynh ất MJM Lawyers provided a fantastic service that exceeded my expectations. She provided detailed advice in a friendly and professional manner. I would definitely recommend the services of MJM lawyers.
Disputes in relation to Wills and Estates
We can advise and assist you when there is a dispute in relation to a Will or an estate, including disputes about the following:
- Who should have the authority to administer an estate;
- Whether a particular document, recording or note is a Will;
- The meaning of words in a Will;
- Whether there is an error in the Will;
- Whether the deceased had the requisite testamentary capacity (i.e. mental capacity) to make a Will;
- Whether the deceased was subjected to fraud or undue influence when making their Will;
- Whether a promise made by the deceased should be fulfilled;
- Whether the deceased should have provided for a particular person or provided more for them from their estate. Furthermore, see below for more information about this type of dispute, known as a family provision claim.
Family Provision Claims in NSW
If you were left out of a Will or think you should have received more of the estate, you may be able to make a claim known as a “family provision claim.” This is a claim to receive provision, or greater provision, than you otherwise would under the Will or the laws of intestacy (where there is no Will).
Only certain people (depending on their relationship to the deceased person) can make a family provision claim and the claim must be brought within the relevant time limit, unless otherwise permitted by the Court. If you are considering making a family provision claim, it is important to contact us quickly as time limits apply.
We can assist you with all aspects of making or defending a family provision claim, including assisting you to negotiate an agreement to end the dispute, as quickly as possible.
Time Limits for making a Family Provision claim
In New South Wales, family provision claims must usually be made within 12 months of the date of the death of the deceased. If you want the opportunity to resolve a claim, before you need to commence court proceedings, then it is important to act quickly and seek advice.
See our blogs below and our Knowledge Hub for more detailed information about family provision claims and case summaries.
Contact us and ask for our form to complete, so we can advise you whether you should make a family provision claim.
Even with the best of intentions, disputes can arise for many reasons.
Disputes with Executors/Administrators
The disputes with Executors or Administrators may arise for many reasons. Executors/Administrators have an obligation to administer an estate fairly, impartially, in a timely manner and in accordance with the terms of the Will of the laws of intestacy (if there is no Will).
If duties are not performed properly, the Executor or Administrator can, in some circumstances, be held personally responsible for any loss to the beneficiaries of the estate. In some circumstances, they can also be replaced.
If you are unhappy with an Executor or Administrator or about how an estate is being administered, we can help.
If you are an Executor/Administrator and need some guidance with respect to your duties or to manage a dispute, please contact us for assistance.
Not all disputes need to go to Court
Methods for resolving disputes
In some instances, there is no option but to commence court proceedings to request a Court to resolve a dispute. However, where time permits and the parties to the dispute are willing, there are alternative methods of dispute resolution, including negotiation, collaboration and mediation. See our Will Dispute Resolution Centre for more information. For further information about the Collaborative Practice method of dispute resolution follow the links below:
