WILL DISPUTE LAWYERS IN SHELLHARBOUR

Disputes over Wills and estates can arise for a number of reasons, including:

• There is a Will however it does not properly reflect the wishes of the deceased
• There is a later document that looks like a Will but may not legally be one
• There was undue pressure on a person making a Will that resulted in a person receiving more under a Will than would otherwise be the case
• A Will has been made by a person who didn’t have the legal capacity to make decisions about the distribution of their assets
• Executors or administrators are not properly administering an estate and protecting the interests of beneficiaries.

Resolving disagreements before they escalate to court often leads to better outcomes for everyone involved. Early settlement can lower legal costs and preserve more of the estate for those entitled to receive it.

Our estate disputes team is here to help you understand your options. We’ll examine the situation, provide clear advice on your rights, and support you in taking the next steps. Where court action is required, we are prepared to represent your interests and seek the strongest possible result.

In New South Wales, certain individuals who feel they have been unfairly left out or inadequately provided for can ask the Supreme Court to review the distribution of a deceased person’s estate.

Disputing a Will involves meeting eligibility requirements and satisfying legal criteria. The process can be complex, and not all claims succeed. However, many matters are resolved without a hearing. Through negotiation or formal mediation, parties can often reach a workable agreement without the cost and delay of court proceedings.

At Kells, we assist both those making a claim and those responding to one. Whether you are seeking further provision or defending a Will, we aim to resolve disputes efficiently while protecting your interests.

Only certain individuals have the legal standing to challenge a Will. The Succession Act outlines who may apply to the Court for further provision. This includes:

• 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 have grounds to contest a Will, our team can help you determine whether you meet the legal criteria and guide you through the process from start to finish.

Yes. A family provision application must be filed within 12 months from the date of death. While the Court can grant an extension, it will only do so under limited and specific circumstances.

If you’re thinking about making a claim, it’s important to act promptly. Early action may open the door to resolution through negotiation, potentially avoiding drawn-out proceedings.

When deciding whether to allow a family provision claim, the Court weighs several factors, including:

• Evidence of the deceased’s intentions, including their Will and reasoning provided
• The provisions that have already been made to the claimant and other beneficiaries
• The relationship between the claimant and the deceased
• The nature and extent of the estate
• The deceased’s obligations owed to the claimant, or any other potential beneficiary
• The financial needs and resources of the claimant
• Any contributions made by the claimant to the deceased’s estate or welfare
• The claimant and other beneficiary’s age, as well as any physical, intellectual, or mental disability
• If the deceased was maintaining the claimant, or if there is any other person liable to support the claimant
• The character and conduct of the claimant or any other person
• Relevant Aboriginal or Torres Strait Islander customary law
• Any other matters the court considers relevant.

The Court has discretion when it comes to legal costs in estate disputes. Generally, if an executor is defending a claim, their legal fees are reimbursed from the estate. A claimant who is successful may also have their legal costs covered.

However, if a claim lacks merit or is unsuccessful, the claimant may not have their expenses recovered. In some cases, the Court may require them to pay additional costs.

Getting legal advice early can help you understand your position, avoid unnecessary costs, and work towards a more efficient resolution. If you’re unsure about the cost implications of pursuing or defending a claim, we can talk you through the available options.

Yes. If you are an executor or a beneficiary affected by a potential challenge, it’s important to take action quickly. Timely advice allows you to respond appropriately and help protect the estate.

Our team is experienced in defending estates against family provision claims. We’ll support you through the process, work to minimise complications, and focus on achieving a fair result. If a dispute seems likely, speak with us about how to move forward. Some time limits may apply.