Will & Estate Disputes

Will and Estate Law is extremely complex and difficult to understand without the proper experience. As Australian family situations become more complicated so does the law. Below are a few examples of common Family Law situations.

• Drafting a legal Will
• Changing and updating a Will
• Contesting a Will
• Will Disputes
• Estate Planning
• Appointing a Power of Attorney
• Enduring Guardianship
• Estate Administration

There are many reasons why a person would want to contest a Will. The main reasons include being left out of a Will or if a person has been unfairly provided for. If you believe this has happened to you or a loved one then seek legal help as soon as possible.
Your legal team will help you establish:

• If the deceased was a close relative (parent, spouse guardian or dependant) who did not adequately provide for you.
• If the Will is not legally valid.
• If the deceased was not legally or mentally able to make a valid Will.
• If the deceased was pressured or threatened to sign a Will.

The law relating to the dispute or challenge of a Will is extremely complex and difficult to understand without the proper experience. As Australian family situations become more complicated, so does the law. Generally speaking, Wills can be disputed in two key ways:

• Contesting a Will
• Challenging a Will as improperly made or executed

A Will can be ‘contested’ where you believe that a Will does not provide for you or does not provide you with a fair entitlement. Sometimes in New South Wales, this is called a ‘family provision claim’. Note, you need to be an eligible person as defined in the law to make this type of claim

A Will can also be challenged on the grounds that:

• The person signing it was mentally incapable of doing so, or
• It was signed under duress or undue influence, or
• There was fraud involved

Section 57 of the Succession Act 2006 (NSW) sets out strict criteria as to who is able to contest a Will under that Act. These people, in relation to the deceased, are:

• their spouse;
• their de facto partner;
• their child;
• their former spouse;
• a person who was, at any particular time, wholly or partly
• dependent on them;
• a person who is a grandchild of them or was, at that particular time or at any other time, a member of their household;
• a person who was living in a close personal relationship with them at the time of their death

Note that being eligible to make this claim does not mean that you will be successful. Success requires satisfying the court that there was not ‘adequate provision’ made.

Yes. Where there is no Will, the property and assets of the deceased (their ‘estate’), are distributed according to the ‘intestacy rules’ set out in the Succession Act 2006 (NSW). If you consider that these ‘default rules’ do not provide fairly for you, you may contest the application of them in your case.

When you work with AJB Stevens the Family Law process could not be easier. Our top lawyers will assess your situation to ensure that you have a solid case. From here we will look further into your situation, taking care to ensure we have all the information we need. Once all information is gathered we will work to seek compensation through negotiations. If negotiations do not work then we will help you through the Court process.

This all depends on your case. Will and Estate claims can take anywhere from one to three years however this may take longer depending on your situation.

Your appointed AJB Stevens lawyer will be able to give you an estimate of how long things will take to progress and for you to receive entitlements, always making sure you are updated with any changes.