Contested Wills

If a person is eligible, they have the right to seek further provisions from the estate

Many people are proactive in relation to their estate planning documents. Often however, and for whatever reason, children or other family members are ‘left out’ of the Will.

There may well be a very good reason for the exclusion of a child, but it will not prevent the child commencing proceedings for provision out of an estate. Under the Succession Act 2006 (NSW) an ‘eligible person’ may make a claim against an estate should they have not been adequately provided for.

An eligible person is usually a spouse, de facto spouse or a child, but can be another member of the household who was dependent on the deceased person.

If a person is eligible in accordance with the Succession Act, they have the right to seek from a Court an order for further provision from the deceased person’s estate if they can prove they have not been provided for adequately . The order can result in the eligible person becoming entitled to a part of the estate (even if they were not included in the Will) or receiving a larger share of the estate assets than they were given in the Will.

There are a number of issues that a Court has to consider when deciding whether to make any such order, ranging from the nature of the relationship with the deceased person to the character and conduct of the person making the application.

We understand that this can be a highly emotionally charged situation.

Baker Love Lawyers has acted in many Contested Wills matters, on behalf of executors of deceased estates and for excluded beneficiaries. We have an experienced and professional team to manage your matter in a proficient and pragmatic way, whilst still remembering that the dispute usually involves family members and may be a highly emotionally-charged situation.

We provide just the right balance between being supportive where required and assertive when it comes to enforcing your rights. At all times, we ensure that your legal interests are protected to the fullest extent.


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