Many people are disappointed by the way they are treated in the wills of their closest relatives and often don’t realise that they may be entitled to make a claim for what is called “adequate provision” from out of the deceased estate in such cases.
Wills can also be challenged when there are questions about the true meaning of words in a will or the capacity of the will maker when the will was made and even whether undue influence was brought to bear on someone to make or change their will.
Whether you are seeking advice about making such a claim or an executor of a will faced with defending one, or even if you are a beneficiary of a will, concerned about how such a claim might affect your rights, we can assist you. Please be aware that there are strict time limits that apply to these types of claims, so call us immediately to discuss you matter.
As an executor of a will, you may not just have an obligation to apply for probate, but also to defend one of the claims described above. It is important that you understand when the key time limits expire and what your obligations are to uphold the will and to advise other parties when a claim is made.
When someone passes away, it is not uncommon for the will of the deceased to be contested. If you are one of the listed beneficiaries in the will, any determinations that alter the distribution of the estate, can have an impact on what you were previously set to be provided with.
If you feel that you have been unfairly left out of a will or that you should have received a larger inheritance from the estate, even if you are an executor, it is imperative that you seek advice immediately because you rights may well expire if you hesitate.
When a claim is made by someone for adequate provision from an estate, this is called a Family Provision Application. Such applications can be made by spouses and by children of the deceased and even by others who were dependant on the deceased in certain limited circumstances. There does not even need to be a will for such a claim to be made.
We can provide you with advice about your rights and obligations and the process involved in any estate dispute. Resolutions can often be reached by negotiation, without any need for court action. Even once court proceedings are commenced the process requires the parties to attend a mediation conference and sensible settlements are often reached at this stage. Our experienced lawyers, based in Maroochydore on the Sunshine Coast, can assist you through every stage of the process, so please don’t hesitate to contact us to ensure that your rights are protected and that the relevant time limits do not expire before you act.