If you believe that you have been treated unfairly in a Will, then you need to take action. Eligible persons, such as children, partners and dependents, are able to appeal to the Court if they believe they have been unfairly treated in a Will. In New South Wales such claims are referred to as “family … Continue reading Have You Been Treated Unfairly In A Will?
Will Disputes in NSW – How They Can Tear A Family Apart Will Disputes can tear a family apart! In the recent decision of the New South Wales Supreme Court in Smith v Smith  demonstrates the devastating and long lasting effect that Will disputes can have on family relationships. The opening statement of the … Continue reading Will Disputes – How They Can Tear A Family Apart
What to do with Competing Family Provision Claims is something for a legal expert to advise upon. It can become a battle of Wills and therefore can become quite complex. See the example below of a real-life case where a battle of wills needed expert legal advice! The recent decision of the NSW Supreme Court … Continue reading What To Do With Competing Family Provision Claims!
Who has the rights if nothing is in the Will? Losing a loved one is a time of grief. It can also be a time of great emotional stress if the wishes of your loved one in the handling of their remains is not set out in their Will. In a family dispute over the … Continue reading Handling the remains of a loved one – Family Dispute
Disputing an Estate When You have not been in contact for a while. “I didn’t even know she had died!” Paul and Irene were in their fifties when they started living together, some 20 years ago. They made wills leaving everything to each other in 1995, but a few years later Irene developed dementia and … Continue reading Disputing an Estate after a long while!
Freezing Order! – My Mother’s Will is being disputed by a brother that was not very close to the family. As a result of this a ‘Freezing Order’ has been obtained in respect of my mothers estate. What does this mean and what are the implications for me? In New South Wales it is possible … Continue reading Freezing Order
“I don’t want to leave anything to that child!” Leaving a Family Member out of your Will – Jim is a widower, in his 70’s. He has 3 children, all of whom have their own children. He has 7 grandchildren in all, ranging between 16 and 8. His oldest child is Mark, who lives interstate, … Continue reading Leaving a Family Member out of your Will
My husband was diagnosed with depression and committed suicide. We were separated and at the time had a mirrored Will. His family are now contesting his will as all the assets went to me. Do they have a case or will I be ok? Your husband’s family has two grounds to contest your husband’s Will. … Continue reading Depression, Suicide & Separation – Contesting a Will
My father has just passed. He was estranged from my mother, although he never re-married or had another partner. He has left my mother out of his Will and she now has dementia and therefore is not able to contest his Will. Am I able to do this on her behalf? I currently have Power … Continue reading How to contest a will with dementia!
Contesting a Will on the grounds of undue influence can be successful as long as you have absolute evidence that some form of coercion took place! The majority of cases alleging undue influence over the deceased when making their Will, have fallen down when it came to providing concrete evidence to the Court that the … Continue reading Contesting a Will due to Coercion and Undue Influence