Disputes on Wills and Estates
and
Family Provision Claims
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;
- Is there an error in the will;
- Did the deceased have the requisite testamentary capacity (i.e. mental capacity) to make a will;
- Was the deceased subject 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.
Family Provision NSW Claims
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 contesting a Will
To contest a will, a family provision claim must be filed with the court within 12 months of the date of death.
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.
Collaborative Practice 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, Collaborative Practice offers an alternative method of dispute resolution. Collaborative Practice involves the parties, with their respective lawyers, engaging in a number of meetings to collaborate together, to find a solution to the dispute. When necessary, the parties and their lawyers may call on independent experts, such as an accountant, a financial planner, a counsellor or other professional to assist them to communicate or to otherwise assist them together, to resolve the dispute.
Further information about Collaborative Practice can be found by following the links below:
Further information about Collaborative Practice can be found by following the links below:
