Having a clear and effective will that ensures your property and belongings are divided after your death in accordance with your intentions is important. Unfortunately too many wills – particularly “home-made” wills – are invalid or unclear, causing additional stress and expense for surviving family members.

We believe that our clients want to know that their assets will pass smoothly to those whom they wish to benefit. We provide sound legal advice in all matters concerning succession, including:

•    estate planning and asset protection
•    preparation of wills
•    advising on succession planning in contentious family circumstances
•    advising executors on their duties and powers
•    acting as executors and trustees
•    applying for probate
•    advising beneficiaries on their entitlements and the administration of trust or estates
•    the administration of estates
•    advising on family protection claims and other litigation concerning wills and estates

 

Claims against an estate

You can make whatever provisions you wish in your will but you need to know that in some circumstances the Court can vary your will.  

The Family Protection Act clearly sets out who may make a claim against a deceased estate.  A spouse, de facto or civil union partner, children, grandchildren, stepchildren, adopted children and parents of a deceased person are all entitled to make a claim against the deceased family member’s estate if they feel they have not been dealt with fairly under the will.  

The grounds for successful claims are varied but the concept of moral duty is of great importance.  The Court will look at whether the deceased should have made better provision for the claimant taking all factors into account including the deceased’s relationship with the claimant leading up to and at the time of death.

Our first task is to determine whether there is substance to a potential claim and ensure that the claim is made within the time limit which is generally 12 months from the grant of probate or letters of administration.

There are also other avenues for claims to be made against deceased estates including testamentary promises and claims by spouses and de facto or civil union partners under the Property Relationships Act.  

If you believe you have not been dealt with fairly under the will of a deceased family member then you should contact us for further information.