Estate Litigation
Overview
When it comes to estate matters, disputes can arise for various reasons.
If you believe you have been unfairly left out of a will or if the provisions made for you are insufficient, you may be able to make a claim under the Family Provision Act. Additionally, there are other types of estate disputes that both beneficiaries and interested parties might become to encounter.
Probate and Estate Administration
In New South Wales, "estate administration" refers to the legal process of managing a deceased person's estate, guided by the Probate and Administration Act 1898 and common law.
Family Provisions Claims
In New South Wales, a Family Provision Application allows individuals who believe they have been unfairly provided for under a Will, or who were left out entirely, to seek a fair share of the deceased's estate.
Defending an Estate
Defending a will in the event that a family provision claim is made can be complicated and stressful without appropriate expert legal advice.
Contesting or Challenging a Will
If you've been excluded from a Will or received an unfair share of the estate, you may have grounds to contest or challenge it.
Beneficiaries with Special Needs
Ensuring beneficiaries with special needs are adequately protected can be challenging.
Challenges to a Will’s Validity
Here are some common grounds for disputing a will:
- Undue Influence: This occurs when someone claims that another person (often a beneficiary) exerted excessive pressure on the deceased, causing them to alter their will in favor of that person. For instance, if an elderly person leaves all their assets to a paid carer, excluding their family, it might be argued that the carer had undue influence.
- Fraud or Forgery: Disputes can arise if there are concerns that the will is fraudulent or forged. This includes questions about whether signatures on the will are genuine or if the document was created without the deceased’s authorization.
- Lack of Mental Capacity: Claims that the deceased did not have the mental capacity to make a valid will at the time it was signed. This often occurs if the deceased was suffering from conditions like dementia or severe illness.
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Other Types of Estate Disputes
In addition to will validity challenges, other estate disputes may include:
- Interpreting Will Terms: Disagreements about what the will actually means.
- Errors in the Will: For example, if a will mistakenly refers to “my son John” when the deceased only had a daughter named Jane.
- Executor Disputes: Arguments about whether an executor should be allowed to manage the estate or how the estate should be distributed.
- Removal of Executors: Requests to replace an executor due to mismanagement or other issues.
- Beneficiary Misconduct: Issues where a beneficiary may be involved in the deceased’s death, potentially affecting their share of the estate.
Estate disputes can be highly emotional and complex, often involving deep-seated family issues. It’s crucial to work with experienced and compassionate Wills & Estates Lawyers who understand these sensitive matters.
If you or someone you know is facing an estate dispute, please reach out to us or submit an online enquiry. We’re here to provide the support and guidance you need to resolve the matter efficiently and effectively.
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For trustworthy guidance and expert assistance with estate administration, contact our experienced team today.