Estate Litigation > Family Provision Claims
Contesting a Will and Family Provision Claims
What is a Family Provision Claim?
The most common form of will disputes are “Family Provision Claims” made under the Succession Act 2006. Family Provision Claims are sometimes referred to as “will disputes” or “contesting a will”.
In New South Wales, the law allows for “Eligible Persons” to contest a Will if you believe you are entitled to more of the deceased estate than stated. A will can be contested by certain classes of people if they have been left without adequate provision. A family provision claim can also be brought if there was no will.
If you believe that you have not been fairly treated or left out of a Will completely then you may have grounds to contest the Will. The experts at Langham Lawyers will evaluate your case and represent your interests to ensure you get the best possible outcome.
Who may contest a will or bring a family provision claim?
An “eligible person” may bring a Family Provision Claim. An eligible person is defined in legislation as being:
- a spouse (a husband or wife);
- a de facto (including same-sex partners);
- a child (including adopted children but not stepchildren)
- a former spouse;
- a dependant who was also a grandchild or a member of the same household;
- a person who lived in a close personal relationship with the deceased.
Former de facto spouses are usually also eligible to bring a claim.
Strict time limits apply to bring a claim to contest a will. If you think you may have a Family Provision Claim or be entitled to contest or dispute a will contact us.
What do I do if I have a family provision claim?
If you think you may have a Family Provision Claim or be entitled to contest or dispute a will, get in contact with us. If we determine that you have no claim, there will be no fee from us. If we believe you have a claim, our expert lawyers will work with you from beginning to end.
To take advantage of a free initial consultation send us a message or telephone us on (02) 8006 1596
Other Will & Estate Disputes
Will Interpretation and Rectification
These disputes include what is known as “construction disputes” and “rectification disputes.” Construction disputes are where the meaning of the will is unclear and requires the clarification of the Court. Rectification disputes are where the will does not say what the testator intended it to say and requires the Court to “rectify” the will to correct the mistake.
Probate & Executor Disputes
These disputes are where the executors under a will or administrators of an estate face difficulties.
Will Validity Disputes
These disputes arise where the legitimacy of the will is questioned, such as where the deceased did not have the mental capacity to make a will or that the will is a forgery.
Negligent Will Drafting
Sometimes the solicitor that drafted a will for a deceased person may not have done so with the care and skill required.
Irma Remic
Irma Remic is a Partner and Principal at Langham Lawyers, responsible for heading up the Wills & Estates Team. She has extensive experience acting for clients in a wide variety of Will & Estate Disputes.
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Our Wills & Estates Team know wills and estate law inside and out. Where the stakes are high, we believe it’s important to engage a trusted and proven legal service provider. By taking steps early, we can help minimise the potential harm and damage that can be caused through these types of disputes.
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We offer a range of fee options depending on your circumstances including deferred payment (pay at the end of your matter) and speculative (no win no fee) arrangements.
Please contact our friendly will dispute team on +61 2 8006 1596 for your free no obligation 45-minute appraisal.
What our clients say
"From the day Langham Lawyers took over we learnt that not all solicitors are equal. At our first conference Irma Remic organised for a barrister also specialising in will disputes to also be there. That was the first time we actually understood what our case involved. Irma was very understanding in supportive in a case that brought up good and bad memories. She really cared about my case and would keep me updated even following the mediation. I am so happy with the result..."
⸺ A Will Dispute Client
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