Disputes over wills and estates, including challenges to a will’s validity and claims for estate portions, are addressed within the Equity Division of the Supreme Court of NSW. Foye Legal understands the intricacies of these matters and provides expert legal representation tailored to your needs. In these sensitive proceedings, the right lawyer is everything for achieving the best outcome.
Family Provision Claims:
A party believes they are entitled to a share of the estate under the Succession Act 2006 (NSW), even though they were excluded or inadequately provided for in the will.
The testator (person making the will) was not of sound mind, memory, or understanding at the time the will was made.
The testator was coerced or pressured into making or changing their will.
The will was altered or created through fraudulent means or forged.
The testator did not fully understand or approve of the contents of their will.
To dispute a will, you must demonstrate an interest in the deceased estate. This generally includes:
Check for a Grant of Probate
Find out if a grant of probate has been issued by the Supreme Court of NSW. If it has not, you may lodge a probate caveat to temporarily block the grant and prevent estate administration from proceeding.
Work with the Executor
Attempt to resolve your concerns with the executor of the estate. The executor may agree to adjust the distribution of assets to avoid legal action.
File an Application with the Supreme Court
If no resolution is reached, you will need to file an application with the Supreme Court of NSW, providing evidence to support your claim.
At Foye Legal, we understand the emotional and financial challenges involved in contesting or challenging a will.
Our experienced team of estate lawyers can:
Timeframes: Strict time limits apply for disputing a will in NSW. For family provision claims, you must file your claim within 12 months of the testator’s death, unless you receive court approval for an extension.
Evidence: Gather strong evidence to support your claim, including medical records, witness statements, or previous versions of the will.
Costs: Contesting a will can be expensive and time-consuming. Legal fees, court costs, and delays may reduce the final distribution of the estate.
Contesting a will involves navigating complex legal procedures while managing significant emotional and financial stress. Foye Legal provides strategic legal counsel, assessing your claim’s viability, facilitating efficient dispute resolution, and offering robust representation in negotiations or litigation. Secure your rightful inheritance with expert legal support – schedule your consultation today.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
A Will is disputed when someone challenges its validity or the distribution of assets outlined within it, often due to concerns about the deceased’s capacity, undue influence, fraud, or eligibility of beneficiaries.
Generally, eligible individuals include spouses, children (including adopted and sometimes stepchildren), parents, and sometimes grandchildren or other dependents who believe they haven’t been adequately provided for.
Common reasons include: the deceased lacking testamentary capacity (not understanding the Will), the Will being made under undue influence or coercion, the Will being fraudulent or forged, or a claim that the Will doesn’t make adequate provision for an eligible person.
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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