Newcastle Will Dispute Lawyers

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

Who can make a claim

The following 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.

Call now to speak to a Contested Wills Lawyer

1300 553 343

Get what you deserve.

Despite the terms of a Will, a Court may make Orders to redistribute the assets of a Deceased Estate to include who have been left out or not adequately provided for.

How We Help

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.

Call now to speak to a Contested Wills Lawyer

1300 553 343

Property & Estates
27/08/2013 by Anna Roberts

Pre-empting Contested Wills Claims

What is a Contested Wills Claim? A Contested Wills Claim (more commonly know as a family provision claim) is a claim made by an “eligible person” against your Estate Assets after your death. The Succession Act 2006 empowers the Courts to make Orders in effect remaking a person’s Will where the “eligible person” has been […]

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

The client was the Executor of his mother’s Estate (“the Client”). He sought a grant of probate in relation to what he considered to be her last valid will (“the Will”).  At the time that the Will was made, the Client’s mother (“the Deceased”) intended that her Estate would go to the Client and his sister in equal shares, subject to the Client’s sister having a right to occupy the deceased’s home for the rest of her life.

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