Contested Estates
W
e can assist you with contested estate litigation including:
- Where the will-maker had a lack of mental capacity or testamentary capacity at the time the will was made
- Where suspicious circumstances were surrounding the making of the last will was made or someone forced the will-maker to make the last will
- Where there is an informal will or will that does not comply with the formal requirements of will signing
- Where the deceased left an unsigned will or document setting out the deceased’s wishes
- Where the will does not make sense, is unclear, meaningless, or ambiguous
- Where the will was not what the will-maker instructed the lawyer to prepare and needs to be rectified
- Where the will leaves assets that the will-maker did not own
- Where the original will is lost, torn, written on, or destroyed
- Defence of family provision claims where someone seeks provision or further provision from the estate
- Claims for further provision from the estate under family provision legislation
Frequently Asked Questions
What is a family provision claim?
A family provision claim is made by an eligible person, such as a spouse, child or dependant, who believes they haven't received adequate provision from a deceased person's estate. The Court can order further provision be made from the estate if the claim is successful. We assist both people making these claims and executors defending them.
Can Bestic Law help defend a claim made against an estate?
Yes. We regularly act for executors and beneficiaries defending family provision claims and other challenges to a will, including cases involving lack of testamentary capacity or claims of undue influence. Our Principal has extensive litigation experience in this area, having achieved multiple favourable settlements and court outcomes for clients.
What are common grounds for challenging a will?
Common grounds include informal or improperly signed wills, wills that are unclear or ambiguous, wills that don't reflect what the will-maker actually instructed, wills leaving assets the will-maker didn't own, or a lost, torn or damaged original will. Family provision claims are a separate ground, based on inadequate provision rather than the will's validity.
How long do I have to make a family provision claim in NSW?
In NSW, a family provision claim generally must be made within 12 months of the date of death, although the Court has discretion to extend this time limit in some circumstances. Given these strict timeframes, it's important to seek legal advice as soon as possible if you're considering a claim.
Do contested estate matters always end up in court?
No. Many contested estate matters are resolved through negotiation or mediation without the need for a full court hearing, which can save significant time, cost and stress for everyone involved. That said, where a matter can't be resolved amicably, our team has the litigation experience to represent you through to a court outcome if required.