Will & Estate Disputes
Not receiving your fair share of an estate?
There are good reasons why people will need to challenge an estate which include:
- the deceased failing to divide their estate fairly between their dependents and family;
- a Will being made at a time when the deceased didn't have the necessary capacity;
- where the deceased was unduly influenced to sign a will that didn't reflect their true wishes; and
- the removal of trustee(s) who have failed to administer an estate properly.
Relevant considerations for Family Provisions Claims
As everyone is unique, every family provision application is also unique; therefore factors which are relevant in one case may not be in another. Past cases do provide some guidance however; e.g. the following have been found to be relevant:
- the size of the estate;
- the applicant’s financial position, age, state of health and prospects for the future;
- the relationship between the applicant and the deceased;
- support given by the applicant to the deceased personally or in developing assets or businesses (e.g. the family farm);
- encouragement given to the applicant by the deceased to base their lifestyle on the understanding that he or she would inherit certain property;
- poor conduct of the applicant towards the deceased which weakens the applicant’s claim on the estate;
- the relationships between the deceased person and others who could make a claim on the estate; and
- the financial position, age, state of health and prospects for the future of the beneficiaries named in the will.
Our experienced Wills and Estate Litigation lawyers will work with you to ensure you receive your fair share cost effectively and promptly.
Subject to an initial review of the case we are able to offer a No Win No Fee cost agreement in most matters relating to Will disputes.
Strict time limits apply however. It is important therefore that you obtain legal advice quickly to make sure you don't run out of time to protect your rights.
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