WILL DISPUTE LAWYERS IN KIAMA

Disputes over Wills and estates can arise for many reasons, such as:

• A Will that does not accurately reflect the deceased’s intentions
• A later document that appears to be a Will but may not be legally valid
• Undue pressure placed on the Will-maker, resulting in unfair benefit to another person
• A Will made by someone lacking the legal capacity to decide how their assets should be distributed
• Executors or administrators failing to properly manage the estate and protect beneficiaries’ interests

Addressing disputes early, before they escalate to court, often leads to better outcomes. Early resolution helps reduce legal costs and ensures more of the estate goes to those entitled to it.

Our Kiama estate disputes team helps you assess your situation, understand your rights, and plan the next steps. If court action becomes necessary, we are prepared to represent you and work towards the best possible outcome.

In New South Wales, certain eligible individuals who feel they have been left out or not properly provided for can apply to the Supreme Court to review the distribution of a deceased person’s estate.

The process involves meeting strict eligibility requirements and legal criteria. While not all claims succeed, many disputes are resolved without going to trial. Negotiation and mediation are common, often leading to workable agreements without the cost and stress of lengthy court proceedings.

At Kells, we act for both claimants and those defending a Will. Our focus is on resolving disputes efficiently while protecting your interests.

Only specific people have the legal right to challenge a Will under the Succession Act. Eligible applicants may include:

• A spouse of the deceased
• A person in a de facto relationship with the deceased
• A biological or adopted child of the deceased (step children and presumed children are not automatically included in this definition and instead must satisfy other criteria to become eligible)
• A former spouse of the deceased
• A grandchild, or member of the deceased’s household, whom has been wholly or partially dependent on the deceased
• An adult person living with the deceased with a close personal relationship where support and care were provided for no reward at the time of the deceased’s death.

If you believe you may be eligible, our team can review your circumstances, confirm your position, and guide you through the process from start to finish.

Yes. A family provision claim must be filed within 12 months of the date of death. The Court can grant an extension, but only in limited circumstances.

If you are considering a claim, acting promptly is important. Early steps may allow the matter to be resolved through negotiation, avoiding lengthy and costly proceedings.

When assessing whether to allow a claim, the Court looks at a range of factors, including:

• The deceased’s intentions, expressed in their Will or other evidence
• Provisions already made for the claimant and other beneficiaries
• The relationship between the claimant and the deceased
• The size and nature of the estate
• Obligations the deceased owed to the claimant or other beneficiaries
• The claimant’s financial needs and resources
• Contributions the claimant made to the estate or the deceased’s welfare
• The age, health, or disability of the claimant or beneficiaries
• Whether the deceased supported the claimant, or if someone else has that responsibility
• The conduct of the claimant and other parties involved
• Relevant Aboriginal or Torres Strait Islander customary law
• Any other matters the Court considers relevant

The Court has discretion when it comes to costs. Generally:

• An executor defending a claim will have their legal costs reimbursed from the estate
• A successful claimant may also have their costs covered
• An unsuccessful or unmeritorious claim may result in the claimant bearing their own costs, or even paying additional costs

Seeking legal advice early helps you understand your position and avoid unnecessary expense. If you are uncertain about costs, our team can explain the possible outcomes and strategies to manage them.

Yes. Executors and beneficiaries affected by a challenge should act quickly. Timely legal advice helps you respond appropriately and protect the estate.

At Kells, our Kiama-based lawyers are experienced in defending estates against family provision claims. We guide you through the process, minimise complications, and work towards a fair outcome. If you suspect a dispute may arise, speak with us as soon as possible because time limits may apply.