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Inheritance Claims and Will Disputes

If you have been left out of a Will or you feel that you haven’t been properly provided for in the Will you should seek legal advice as to whether you have a claim for further provision from the estate of the deceased person.

left out of will

The Inheritance (Family Provision) Act is designed to ensure that a family member of a deceased person receives adequate provision out of the deceased’s estate despite what is contained in the Will.

Who can claim the benefit of the Act?

There are various classes of persons who can make a claim including the spouse, de facto or same-sex partner of the deceased, the child, grandchild and a parent of the deceased.  In some circumstances, a brother or sister of the deceased and even a former spouse of the deceased can make a claim.

What can you do?

As there are strict time limits imposed by the Act, it is crucial that you seek legal advice from us as soon as possible, as a claim must be made within 6 months of the Grant of Probate (or the Letters of Administration in circumstances where a person has died without a Will.) Only in very limited circumstances will a court grant an extension of time to bring a claim under the Act.

If you have already given notice to the executor or administrator of your intention to make a claim, Court proceedings must be filed and served on the executor within 3 months of that notice.

What we can do

In considering your matter, we will advise you as to whether you have a claim and the steps involved in pursuing an inheritance claim.

Generally, in such matters, the Court will consider whether a claimant has not been provided for by the deceased by examining all the circumstances of the matter including –

  • the size of the estate;
  • the age, health and financial position of the claimant;
  • the relationship between the deceased and the claimant;
  • any assistance provided to the deceased by the claimant; and
  • the moral duty of the deceased to provide for the claimant.

The majority of Will disputes are settled, at the early stages of the matter and prior to the matter proceeding to trial.

We understand that Will disputes are a sensitive and difficult area between family members and we take a proactive and pragmatic approach to achieving a successful resolution of matters in a cost-effective and timely manner.

Executors and beneficiaries defending claims

We also provide guidance to executors, if Court proceedings have been issued by a claimant, in particular, advising as to the executor’s role in the Court action and the various documents and information that the executor will be required to provide.

Similarly, if you are a beneficiary in a Will and you want to protect a provision made to you in the will, we will provide you with expert advice as to how to defend your inheritance and maintain the provision made to you by the deceased.

Free Initial Consultation

At your first free initial consultation, we will consider your instructions and any documents provided, advise as to the merits of your claim and explain the steps involved in making a claim and any subsequent Court process.

We will also provide you with an estimate of costs in pursuing such an action.

Call us now to arrange a free first consultation with an experienced estate litigator.  Phone 8231 1363 or click here to make an enquiry by email.

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Testimonials

Having such a short time frame I was very impressed with the outcome made by [my solicitor]. Excellent and timely manner

Sebastian

Kurralta Park

Very professional mannerism and overall great outcome was delivered by Websters Lawyers.

Nicholas

West Ryde NSW

Helpful, explained fully, patient, excellent service.

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Ridgehaven

Patient and helpful in explaining the process.

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Ridgehaven

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Magill

Making my will was effortless on my part, with everything explained clearly. Well done to all.

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Highbury

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Brompton

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Christie Downs

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Seacombe Gardens

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Ridgehaven

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Ridgehaven

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Ridgehaven

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Yorketown

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Golden Grove

 

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Dernancourt

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Battery Hill QLD

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Wynn Vale

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Glengowrie

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Phillip

Ingle Farm

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Janet

Adelaide

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Greenwith

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Greenwith

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Largs North

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Ethel

Smithfield

This was a new experience for us and didn’t have a clue what to do. [Our solicitor] on our first visit put us at ease, explained what will happen, pointed out there was a strong case. [Our solicitor] was genuine in her approach, kept us well informed, explained actions several times with patience and understanding. Overall very happy with the service we received.

Stephen

Elizabeth Vale

[My lawyer] was very reassuring in her approach to my case. I felt that every possibility in terms of evidence to provide and possible outcomes were explained to me, The result of the case was the best possible outcome I could have expected.

David, Belair

 

With no previous dealing with the criminal justice system, [our solicitor] gave us excellent advice and guided us through a nightmare to achieve a just and correct outcome. [Our lawyer] was both forthright and compassionate in her handling of our case.

Malcolm, Belair

[My lawyer] explained all the legal terms in language I could understand – she was very easy to talk to.

Cameron, Munno Para

I felt confident knowing my matter was in good hands. Very professional!

Shravan, Christie Downs

Initial phone call was fantastic and the role of an executor was fully explained.

Penny, Henley Beach

The service I received was efficient and promptly finalised. The solicitor clearly explained the details and I was happy with how easy it was.

Dale, Fairview Park

[My lawyer] was exactly the lawyer I needed in a serious matter. The outcome was as predicted which was a fantastic result. I received prompt professional and personal service at all times. Capable and supportive in a very stressful period.

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I had any of my concerns answered to my satisfaction and understanding.

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[My lawyer] is an excellent professional lawyer who assisted in achieving a great positive outcome/result. I sincerely thank you and your great staff for your assistance and guidance throughout my claim. Would highly recommend [my lawyer], staff and Websters Lawyers. Kept fully informed and guided, professionally throughout the matter.

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Rafael, Davoren Park

I have high expectations and they were met. Websters service was swift, courteous, professional and met the agreed budget. I will recommend Websters to my family, friends and colleagues. Thank you.

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Contact Us

Adelaide Office :
T: ( 08 ) 8231 1363
F: ( 08 ) 8231 5529

Ridgehaven Office :
T: ( 08 ) 8395 8000
F: ( 08 ) 8395 8222

Smithfield Office :
T: ( 08 ) 8487 0150
F: ( 08 ) 8395 8222

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