Our team has extensive experience in wills and estate law as well as in litigation associated with this area of law. We appreciate that discretion and compassion is requisite to this sensitive area of practice with the focus being on practical, empathetic and effective solutions.
How we can assist you
1. Preparation of wills and powers of attorney including wills incorporating testamentary trusts 2. Holistic estate planning taking business and personal interests into account for holistic planning across the board 3. Testator’s family maintenance claims 4. Validity based disputes in relation to Wills 5. Applications for Grants of Probate, Letters of Administration and Letters of Administration with Wills annexed
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Father in complex parenting dispute.
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Husband in property and parenting dispute.
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party to complex estate administration dispute.
“Rebecca and the entire team operate treated our contractual reviews and negotiations with such importance and efficiency that we were able to move forwards quickly with little hassle without any of the costs and legalese usually associated with lawyers.”
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Small Business Owner
Years of experience
We offer premium legal services with a personalised and individual approach to each and every matter. You are not just another client or file or number - you will be our main priority at all times and we will always protect and fight for you.
A will may be challenged if you were excluded from it, a promise had been made to you and it is not reflected in the will, there is a mistake in the will, it was made when the will maker either did not have capacity or was forced into making the document. Before bringing a challenge it is important to ensure that you as the child, partner or close friend are recognised as having standing to do so. You have only six months from the date of a grant of probate to bring a challenge to a will. It is crucial that you act quickly if you want to challenge a will.
If this has happened to you and you feel that your exclusion was unwarranted or unfair then you may, depending on your circumstances, be able to bring a Testator’s Family Maintenance Claim otherwise known as a Part IV application for an adjustment to be made from the estate in your favour.
You can still challenge the will or apply for provision from the estate however you should remember that each case is assessed on its own merits with factors such a financial dependency, the nature of the relationship and your need for support being considered by the Court. Any siblings with a close relationship with the parent will have a greater entitlement unless there is significant reason undermining that entitlement.
All assets and liabilities of a deceased fall within the estate however assets held jointly, insurance entitlements and death benefits are treated differently. Superannuation entitlements are often subject to nomination or trustee discretion. Jointly held assets pass to the other legal owner by way of survivorship.
Summarily, yes you can however for an appeal to succeed a Court needs to be convinced that the Judge who made the decision at first instance made an error at law which was of such import that the original decision should be overturned. Errors made include incorrect application of the law, errors on a finding of fact or evidence and failure to hear or review all of the evidence presented. Detailed legal advice is required before considering an appeal and this is required urgently as there are strict timeframes applicable to appealing a decision.
As a matter of practice the estate bears the legal expenses of all parties to an estate challenge however settlements sometimes provide for each party to meet their own expenses in the dispute. In the event that the executors of an estate believe your legal expenses to be disproportionate or unreasonable then an application for orders for payment of legal fees from the estate needs to be sought.
All beneficiaries have the right to the just and proper administration of an estate by an executor. If you believe the executor is not acting properly then you may be able to apply to Court for the removal of the executor however it is important to bear in mind that you must be able to substantiate your concerns.
Where you cannot find records in relation to superannuation then you can make an application to the Australian Taxation Office (“the ATO”) for details in relation to superannuation held in a deceased’s name. You will need to provide the date of birth, previous addresses, employment history and the Tax File Number of the deceased in order for the ATO to conduct searches of their records in relation to superannuation.
Unless all parties agree to vary the terms of the will, yes, Court action needs to be commenced. This being said, most estate disputes settle at mediation. You have only six months from the date of a grant of probate to bring a challenge to a will. It is crucial that you act quickly if you want to challenge a will.
Your lawyer will provide you with an estimate of fees likely to be incurred depending on the nature of your matter. Each matter differs. Additional fees to that of your lawyer may relate to any expert witnesses required to prove your position, any barristers engaged to appear on your behalf, Court filing and hearing fees as well as additional costs associated with the matter such a transcript fees if required. An experienced lawyer will be able to provide you with an outline of costs and disbursements dependent on the nature of your dispute.
