Wollongong Estate Litigation and Estate Disputes
If you have an estate dispute, or are unsure of your legal rights in relation to an estate or Will, then contact Wollongong Wills & Estates for a no-obligation assessment of your case.
Our experience with Will disputes
We regularly appear on behalf of executors, beneficiaries and other family members in Will dispute matters before the Supreme Court of New South Wales. We can identify and advise you of your legal rights in relation to a Will or estate. Cases which we have obtained favourable outcomes for our clients include:
- Cases involving a lack of testamentary capacity, including setting aside multiple wills made by the will maker with her solicitor.
- Cases setting aside transactions as a result of the undue influence of close family members.
- Cases involving unfair wills in respect of spouses, children and grandchildren.
- Appeals to the Court of Appeal to overturn decisions of judges sitting in the Supreme Court at first instance.
What are the different types of Estate Disputes?
Estate disputes can take many forms, but can be viewed under three different categories: (1) challenges to transactions entered into by the deceased prior to their death (inter vivos transactions), (2) contesting the validity of the Will itself (such as on the grounds of fraud, lack of knowledge and approval, undue influence or lack of testamentary capacity, and (3) contesting an ‘unfair’ Will.
The last of these categories is the most common challenge to a will, and although described as contesting an ‘unfair’ Will above, the application depends on establishing that the provision made for the claimant is inadequate for that person’s proper maintenance, education or advancement in life.
How do I know if I have a case?
If you have been left out of a Will, believe that the Will has been made in suspicious circumstances, or by an incompetent Will maker, then there are strict time limits to apply to a court for relief. The first step is to obtain legal advice from a firm or solicitor who practises in the field of Wills and Estates.
Wollongong Wills & Estates can provide a no-obligation assessment of your case at a free first consultation. Complete the form on this page to find out if you have a case.
How do I defend a claim against the estate or defend a challenge to the Will?
If you are an executor or a beneficiary of an estate who has received notice of a claim against the estate, or have notice that someone has contested or is likely to contest the Will then you should seek legal advice before contacting the claimant about their claim or Will dispute.
Wollongong Wills & Estates is regularly instructed by executors and beneficiaries to represent the estate in all types of estate litigation. We will advise the executors of the law and the options available to the estate which range from a negotiated settlement documented by Deed of Family Arrangement or court orders, an informal or formal mediation, right through to a defended trial before the Supreme Court of New South Wales.
Complete the form on this page to make a no obligation appointment with one of our experienced estate litigation solicitors. The first consultation is free.