CALL US NOW

Call now to speak to one of our Lawyers and satisfy yourself that we are the right Lawyers for you.

Call now on 02 4952 3901.

Advanced Estate Planning

What is a Power of Attorney?

A Power of Attorney is a document pursuant to which you appoint a person(s) to manage your financial affairs, usually in circumstances where you are unable to manage your affairs yourself (for example, due to illness, unsoundness of mind or time overseas). An Enduring Power of Attorney is a Power of Attorney that only commences or continu...

Read More ...

What is an Appointment of Enduring Guardian

An Appointment of Enduring Guardian is a document pursuant to which you appoint a person(s) to make health and lifestyle decisions on your behalf when/if you are no longer able to make those decisions yourself due to illness or unsoundness of mind. Unless the guardian's authority is restricted, a guardian may: decide where you ...

Read More ...

When to Review your Estate Planning

It is important that you keep your Estate Planning up-to-date as your circumstances change and that you are confident that nothing has been overlooked. To help you better undertand the issues relevant to Advanced Estate Planning, in 2016 we released "Advanced Estate Planning - Simple Legal Solutions". This Guide deals w...

Read More ...

Helping Your Children - Loan or Gift? - Simple Legal Solutions

Andrew has recently started his own business. Andrew has incorporated a company of which he is the sole director and entered into a number of contracts with suppliers. As the director Andrew has also signed a number of personal guarantees. Andrew's father Mark wants to help Andrew out with his new business venture and has agreed to ad...

Read More ...

Articles via RSS rss
   

Contested Wills Claims

 
   

If you have been left out of a will or not fairly and/or adequately provided for under a will then let us help.

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. Where people are named in the Will, but proper provision has not been made for them orders can also be made.

Pursue your legal rights

For a no obligation phone evaluation

Call Now - 02 4952 3901

 

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.

 

CONTACT US ON 02 4952 3901

© Roberts Legal 2016. Designed by Graphika.

FacebookLinkedInTwitter