Kingsford Lawyers can assist Australia-wide in Estate disputes. This includes executors, administrators, and those who suffer hardship because they have been overlooked or inadequately provided for in a will.
Kingsford Lawyers can provide advice to administrators, beneficiaries, relatives, and anyone financially dependent on the deceased about the potential disputes that may arise. Even when the most care and consideration has been provided in one’s Will, sometimes it is not possible to avoid disputes arising and eligible persons bring a claim against the estate. A person who experiences financial hardship from being overlooked in a person’s Will, subject to meeting the relevant eligibility requirements under legislation, may have standing to bring forward a claim against the person’s estate and dispute the Will.
A person who is eligible to claim against an Estate and challenge a Will can include:
If you are the executor or administrator of a Will and Estate and believe that concern exists regarding a person’s Will or Estate and its validity, Kingsford Lawyers can also provide advice in this regard.
Beneficiaries or family members who are eligible under legislation hold entitlement to challenge the provisions of a Will and the benefits provided to them or any other person named as a beneficiary. Persons financially dependent on the deceased and relatives may also have standing to make an application for family provision.
Some of the questions that a court can consider in determining whether or not adequate provision has been made for a person in a deceased Estate are:
If a person dies without a Will, a spouse or, adult child of the deceased can make an application to the court to be appointed as Administrator of the deceased’s estate. The type of grant issued by the court in such circumstances is called “Letters of Administration”. It has the same effect as the Probate of a will.
If there is no Will, the Administrator must distribute the estate according to the “Rules of Intestacy”, which in the first instance provide for the estate to be divided between a surviving spouse and children in specified shares.
In our experience, estate disputes will often settle before it reaches the court date, usually in a Mediation Conference.
Time limits apply to challenge a will, so getting advice early is important. Each state in Australia can have slightly different time limits, but generally written notice must be provided within six months and legal action is to commence within nine months from the date of death.
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