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Family law

Estate Issues

When a loved one passes away it is sometimes necessary to ascertain whether a claim is able to be made against an Estate either by an intended beneficiary who is not included in the Will or by a relative who feels they should have some entitlement to the deceased Estate. Provided careful consideration is given to the preparation of a Will, often these situations can be avoided. If, however, a challenge is to be made to a Will, we can advise you as to potential claims you may have, or how to defend these if a claim is made against an Estate.

Family protection claims

A moral duty is sometimes owed by a Testator to certain family members.  In the event a close family member has left you out of their Will, there may be recourse available. 

Testamentary capacity

Testamentary capacity is required to sign a Will.  If a Will is signed without the requisite capacity, the Will may be declared void. 

Testamentary promises claims

In the event you have rendered services in return for a promise of a testamentary disposition, and this has failed to eventuate, there may be a claim available to you. 

Division of property on death

Relationship property issues may arise on the death of a party.  Whether you live in a marriage, de facto relationship or civil union, the surviving partner may have entitlements to your Estate on death pursuant to the Property (Relationships) Act 1976.  A successful claim is able to be made against a deceased Estate by the surviving party if the effect of the Will is to deprive a partner of their relationship property entitlements.  We have significant experience in accessing such claims as well as considering them in light of other potential claims that can be made.

 

For information on administering estates including obtaining Probate or Letters of Administration, refer to Estate and Succession Planning