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Challenge or contest a Will

The courts are full of cases where people put silly unfair terms in Wills or just totally leave family members out, it’s hurtful and unnecessary.

If you’ve been treated unfairly it’s likely that you have the right to contest the Estate, our team has plenty of experience, focused on getting the best results for our clients, fast..

Connect with us to challenge a will and get started with these simple steps…

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Our team will assess your eligibility to make a claim and get things moving

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If you're eligible to make a claim the first thing we'll do is arrange a friendly mediation between the parties and have a go at settling your claim to avoid a costly court case

CASE STUDIES

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Lizzy's dad died and left her nothing in the Will

Lizzy thought that there was suspicious circumstances around her fathers last days so she got a Lawyer to check stuff out. When the case went to court the judge ruled that her brother had tricked her dad into changing his Will leaving her out completely, the Judge awarded Lizzy her proper portion of her fathers Estate.

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Scotty had a falling out with his mum and hadn't seen her for over 20 years

Because he married a girl that she didn’t like, so she punished him and left him out of the Will, Scotty challenged the Will and argued that it was unfair to leave him out for such a selfish reason. Scotty’s Estates team arranged a mediation and he was finally awarded a fair share from his mums Estate.

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Jess's mum remarried and left all of her Estate to Jess's step dad,

He died a couple of years after the mum but he didn’t provide for Jess in his Will. Jess’s Estates Team successfully went to court and a Judge ruled that Jess was not adequately provided for, and awarded her a decent amount of money from her step dad’s Estate. 

FAQs

What is a Family Provision Claim ?

A Family Provision Claim is the legal term for an Application to the Supreme Court of New South Wales for a person to claim a share or larger share from the Estate of a deceased person. You could also call it a challenge to an Estate or a Contested Estate.

Who can make a Family Provision Claim ?

You can only make a Family Provision Claim if you are an ‘Eligible Person’ under the law and have been left out of a Will or you did not receive what you thought you were entitled to receive in Will.

Check here to see if your an Eligible Person

The Succession Act NSW at Section 57 defines the eligible persons who may make an application to the Court for a Family Provision order, they are:

1. A person who was the wife or husband of the deceased person at the time of the deceased person’s death.
2. A person with whom the deceased person was living in a de facto relationship at the time of the deceased person’s death.
3. A child of the deceased person.
4. A former wife or husband of the deceased person.
5. A person who was, at any particular time, wholly or partly dependent on the deceased person.
6. A grandchild of the deceased person or any person dependent on the deceased who was, at that particular time or at any other time, a member of the household of which the deceased person was a member.
7. A person with whom the deceased person was living in a close personal relationship at the time of the deceased person’s death.

What kind of things will a Court consider when making an order ?

Before making an order, the court will consider the following:

The relationship between the applicant and the deceased person

Any obligations or responsibilities owed by the deceased person to the applicant

The value and location of the deceased person’s estate

The financial circumstances of the applicant, including their current and future financial needs

Whether the applicant is financially supported by another person

Whether the applicant has any physical, intellectual or mental disabilities

The applicant’s age

Any contribution made by the applicant to increase the value of the estate

Whether the deceased person has already provided for the applicant during their lifetime or from the estate

Whether the deceased person provided maintenance, support or assistance to the applicant

Whether any other person is responsible to support the applicant

The applicant’s character

Any applicable customary law if the deceased was Aboriginal or Torres Strait Islander

Any other claims on the estate

Any other matter the court may consider as relevant.

How long do you have to make a Family Provision Claim ?

If you are an eligible person and you think you are entitled to make a claim on the deceased estate, you should get legal advice. Your application must be made to court within 12 months from the date of the deceased’s death. However in certain circumstances you may apply for a claim later than the 12 month period.

How do I make a claim ?

One of our Legal professionals will make an application for family provision by filing certain forms in the Supreme Court of New South Wales.

the Smith Family

Get in touch with us by filling in your info below and our Estates Team will get back to you within 24 hours.