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Contested Wills

Blended Family Will Disputes, recent Supreme Court decision provides fresh insight

Difficulties often arise in cases where a person with children from a first relationship subsequently enters into a new relationship or re-marries. Competing arguments will often emerge as to the testamentary entitlements of the person's children from the first relationship on the one hand, and the new spouse on the other hand, when the p...

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Testamentary Capacity. When does a person lack the ability to make a valid Will?

What is "testamentary capacity"? The legal test for assessing testamentary capacity was outlined almost 150 years ago in a case called Banks v Goodfellow (1870) LR QB 549. The test has four (4) aspects to it, namely: 1. That the willmaker understands the nature of the act of making a Will and its effects, 2. That the wil...

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Contested Wills Claims

 
   

If you have been left out of a Will or not fairly and/or adequately provided for, you may be entitled to monetary provision from the Deceased's Estate.

Get what you Deserve

For a no obligation phone evaluation

Call Now - 02 4952 3901

 

How We 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 or not adequately provided for in the Will.

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

In many cases, Contested Wills Claims are resolved without the need for extensive, or any, Court proceedings. 

Call us now to discuss your rights obligation free. 

 

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.

 

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.

     

Success Stories

 

Estranged adult son's claim for provision from father's $4million Estate settled for nominal amount thanks to persuasive presentation of applicable laws at Mediation.

Failure to update Will leads to Family Provision and Superannuation Death Benefit Claims. Court satisfied that de facto partner of 7 months entitled to bulk of Super ($200,000) and equal share of other Estate Assets.

Father defends estranged Daughter's challenge to Grandmother's Will on grounds of lack of testamentary capacity and claim for Family Provision Order.

     

Our Contested Wills Lawyers

 

Matthew Bryan

Special Counsel

Anna Roberts

Senior Associate Solicitor

Amanda Crosbie

Associate Solicitor

  Rebecca Wosman

Solicitor

Clare McAteer

Graduate Lawyer

 

CONTACT US ON 02 4952 3901

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