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Modern Estate Planning

Don't Risk more then you can Afford to lose: Personal Insurance Planning

What is Personal Insurance Planning? What would happen to you and your loved ones if for any reason you were unable to continue to earn an income? How long could you and your family maintain your current lifestyle or afford to make repayments on your house or investment loans?  Your ability to earn an income is probably the great...

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Wills & Asset Protection Trusts: Why your beneficiary's circumstances are as important as yours

What is an Asset ProtectionTrust? (also know as a Testamentary Trust) A Asset Protection Trust is simply a Trust created by a valid Will and funded by Estate Assets. The Trust commences when the Executor finishes administering the Estate. There a many different types of Testamentary Trusts that can be established in a Will. ...

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Sophie's Lost Inheritance

Sophie's parents' Wills were apparently straightforward. Under terms of the Wills, everything her parents owned was left to the surviving parent and then, in the event that both her parents had died, the Wills divided their assets equally between Sophie and her brother. When Sophie was (not so happily) married to David, David'...

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An Introduction to Modern Estate Planning

What is Modern Estate Planning? Modern Estate Planning is not just about making a Will, Power of Attorney and Appointment of Enduring Guardian. Modern Estate Planning is planning for the preservation of your wealth during your lifetime as well as planning for the succession of that wealth to your intended beneficiaries in the most advanta...

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Contested Wills Claims

 
   

Have you been:

  • left out of a Will, or
  • not fairly or adequately provided for under a Will?


Despite the terms of a Will, a Court may make orders to redistribute the assets of a Deceased Estate to include people who have been left out of a Will, or where they are named in the Will but proper provision has not been made for them.

Let us help...

 

How We Help
 

 

Our Deceased Estates Lawyers will resolutely guard and pursue your legal rights to protect, and even increase, your entitlement to an Estate.

Call us now to discuss your rights obligation free. We offer a free initial consultation to all 'eligible persons'.

 

Who Can Make a Claim

 

The following categories of people may make a claim for provision from an Estate despite the terms of the Will:

  • the wife, husband or de facto partner of the deceased as at the date of death,
  • a child (or adopted child) of the deceased,
  • the ex-wife or ex-husband of the deceased,
  • a grandchild of the person who was wholly or partially dependent upon the deceased at any time,
  • any person who lived with the deceased at some time and who was dependent upon them to some extent at any time (this category may include step-children and foster children), and
  • a person who was living with the deceased at the date of death and provided the deceased with, or for whom the deceased provided, domestic support and personal care.

A person who can establish that they fall into one or more of the above classes is described by the relevant law as an ‘eligible person’.

In many cases, Contested Wills Claims are resolved without the need for extensive, or any, Court proceedings. Contact the Deceased Estates Team at Roberts Legal to speak to an experienced Solicitor who will pursue your interests without delay.

 

Frequently Asked Questions

 

What if there is no Will?

A Court may also make orders allowing provision for an eligible person in circumstances where the deceased did not leave a Will.

Time limits

A person must make a claim within 12 months of the date of death (where the date of death is after 1 March 2009). If this time limit has passed, the person must seek the Court’s permission to make a claim.

 

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