Estate claims and disputes often arise between family members and other potential beneficiaries after a person dies.
The law and practice surrounding such claims and disputes can be complex and costs and delays can easily escalate if not dealt with appropriately.
Strict time limits often apply and so it is important advice be sought as early as possible.
We appreciate that disputes of this nature are often highly sensitive and emotional, and so where appropriate, we aim to facilitate and achieve early resolutions in order preserve family relationships and minimise or avoid unnecessary costs and delays.
We handle many contested estate claims and disputes and we provide expert advice and representation in all aspects of:
Family Provision Claims
Whilst individuals have the freedom to make a Will leaving their wealth to whomever they decide, this freedom is restricted by laws in Australia.
The law allows “eligible persons” to bring a claim against an estate to obtain more than they would otherwise receive under a Will or if they have been left out altogether. The court has the power to make an order in favour of an eligible person if the court considers adequate and proper provision was not made by the deceased person.
There are various categories of “eligible persons” which means there can be a wide potential range of claimants.
It is prudent that individuals making their wills and executors involved in estates consider whether there are any likely “eligible persons” and obtain advice if a claim is made or likely to be made.
If you are an executor or beneficiary, we can act for you during the estate administration and provide advice and act in defending, negotiating and resolving claims or potential claims.
If you have been unfairly provided for in a Will or left out altogether, you may have a right to bring a claim and we can provide advice on your rights, act for you in court proceedings, and if appropriate, negotiate to achieving a settlement to your satisfaction.
Challenging the Validity of a Will
In order to make a Will an individual must have the necessary legal capacity to do so. Important factors in testamentary capacity are that the individual:
- understands what he or she is doing;
- is aware of the nature and extent of his or her property and financial affairs; and
- considers the people who might have legitimate claims upon his or her estate upon dying.
Doubts about capacity may arise in many circumstances including during periods of ill-health or infirmity, incidences of mental illness or intellectual disability.
The Will must also represent the true wishes of the individual and not be contrived by any improper influence of others.
If you are a beneficiary of an earlier Will and you believe the deceased person did not have the legal capacity to make a new Will or was improperly influenced by another person to sign a new Will that did not reflect that person’s true wishes, there may be grounds for you to challenge the validity of the Will.
Other Estate Disputes
Estate claims and disputes arise over many issues and at various stages during a person’s lifetime and after a person dies, including for example:
During a person’s lifetime,
- disputes concerning the proper management and control of a person’s financial and property affairs and the appointment or removal of an attorney under an enduring power of attorney;
- Disputes concerning the appointment or removal of a guardian under an enduring power of guardianship and accommodation and health-related issues.
After a person dies,
- disputes between co-executors;
- disputes between executors and beneficiaries;
- challenging the appointment of an executor or removing an executor;
- disputes as to the interpretation or uncertainty of a Will;
- disputed debts and creditor claims;
- conflicts of interest;
- breaches of trust and unlawful distributions.
We provide advice and representation in all aspects of an estate whatever the issue may be.
Our Experienced Team is Ready to Help You
Kurt Topper Partner
David Burrows Lawyer
Protect Your Legacy With Expert Wills and Estate Planning Services in Wollongong, NSW
Planning for the future can feel overwhelming, particularly when it comes to ensuring your assets are distributed according to your wishes. Without the guidance of a skilled wills lawyer, your loved ones may face unnecessary legal challenges, emotional strain, and financial burdens. For residents of Wollongong and surrounding areas, professional support is essential to secure peace of mind and safeguard your family’s future. Understanding the complexities of wills, trusts, and estate administration is critical. With laws and regulations constantly evolving, even small oversights can invalidate documents or cause costly delays. An experienced estate planning lawyer will develop a personalised plan tailored to your circuamstances while ensuring full compliance with NSW legislation, giving you confidence that your affairs will be managed accurately and efficiently.
Don’t leave your family’s future uncertain or subject to default government rules. By consulting a dedicated legal expert in Wollongong, you gain access to customised strategies designed to minimise taxes, streamline probate, and protect your legacy for generations to come.
Frequently Asked Questions About Will and Estate Planning in Wollongong, NSW
1. Why Is Having a Will Important, Even if I Don’t Have Significant Assets?
A will is a fundamental legal document that ensures your wishes are followed after your death, regardless of the size of your estate. Without a will, assets may be distributed according to state intestacy laws, which might not reflect your personal desires. Creating a will can also appoint guardians for minor children and specify funeral arrangements, providing clarity and reassurance for your loved ones during a difficult time.
2. What Happens if I Die Without a Will in New South Wales?
Dying without a will, known as dying intestate, means that your estate will be distributed by the NSW Succession Act 2006. This often results in your assets being divided among relatives according to a predetermined formula, which may not align with your intentions. The process can be lengthy and costly, causing stress for your family and potential disputes.
3. How Can Estate Planning Help Protect My Beneficiaries and Minimise Taxes?
Effective estate planning involves more than just drafting a will. It includes setting up trusts, powers of attorney, and other legal structures designed to protect your beneficiaries from unnecessary taxes and creditors. Proper planning can also help manage the timing and distribution of assets to ensure your family’s financial security while minimising legal complications after your passing.
4. Can I Update My Will or Estate Plan if My Circumstances Change?
Yes, wills and estate plans should be reviewed and updated regularly, especially after major life events such as marriage, divorce, birth of a child, or changes in financial status. Keeping your documents current ensures they accurately reflect your wishes and comply with the latest legal requirements, avoiding potential challenges during the administration of your estate.
5. How Do I Start the Process of Creating a Will or Estate Plan in Wollongong?
Starting is simple. Consulting with a knowledgeable wills and estate lawyer ensures a thorough understanding of your personal situation and legal options. Our expert lawyers will guide you through the preparation and execution of all necessary documents, tailored to your needs and compliant with NSW law. Taking this step early can save time, money, and stress for you and your family. Contact Heard McEwan Legal to schedule your consultation at our Wollongong office with a trusted wills and estate lawyer.