Estate Litigation deals with the difficult circumstances of a deceased persons Will that needs to be challenged after their death.
This may require a Family Provision Claim under State Law.
Wills are made, time passes, maybe a lot of time.
A beneficiary of the Will may predecease the maker of the Will.
An eligible person may be left out of the Will.
A Dependent’s financial needs may have been ignored or underestimated.
Sometimes a Will may be hastily changed at the end of a persons life when their health and mental capacity are compromised.
Each State and Territory has its own legislation governing family provision claims.
Some jurisdictions run the time from the date of death while others run the time from the date of the grant of probate or letters of administration.
In Tasmania, an application must be made within 3 months from the date the grant of probate or letters of administration was made.
In the Australian Capital Territory, Victoria, South Australia, and Western Australia an application must be made within 6 months from the date the grant of probate or letters of administration was made.
In the Northern Territory, the application must be made within 12 months of the date the grant of probate or letters of administration was made.
In Queensland, the application must be made within 9 months from the date of the deceased’s death.
In New South Wales, the application must be made within 12 months from the date of the deceased’s death
Eden Lawyers offer:
Acting in Family Provision Claims in NSW, Victoria and Queensland
Defending claims by disgruntled beneficiaries
Deeds of Family Arrangement
Construction of Will cases dealing with Informal Wills
Who is eligible to contest a Will?
A spouse or de facto partner
A child including an adopted child
A former spouse
A dependent grandchild
A dependent and/or a member of the household
A person living in a close personal relationship with the deceased at the time of their death
Talk to Mike Eden and his team today for a FREE no obligation initial consultation.
