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Contested Wills & Estates

Estate Disputes

Family Provision claims

We act for individuals who are bringing a Family Provision Claim, and Executors who are defending a Family Provision Claim.

A Family Provision Claim is an application for a share, or a larger share, from a Deceased’s estate. The applicant must be an “eligible person” and must not have received “adequate provision” for their proper maintenance, education or advancement in life from the estate.

A Family Provision Claim can still be made even if the Deceased did not have a valid Will.

“Eligible persons” who can make a Family Provision Claim include:

  • A spouse of the Deceased

  • A de facto spouse of the Deceased at the time of the Deceased’s passing
  • A former spouse of the Deceased
  • A child of the Deceased
  • A grandchild of the Deceased who was, at any point in time, wholly or partly dependent on the Deceased
  • A person who was a member of the same household as the Deceased, and was, at any point in time, wholly or partly dependent on the Deceased
  • A person living in a “close personal relationship” with the Deceased, at the time of their passing

Challenging the Will

We act for individuals who are contesting Wills, and Executors who are defending Wills.

A Will might be contested if:
  • The Deceased lacked mental capacity when the Will was made;
  • The Deceased lacked “knowledge and approval” of the Will;
  • The Will is a forgery;
  • The Will was made under undue influence;
  • The Will is fraudulent;
  • The Deceased revoked the Will in their lifetime; or
  • The Will is not properly executed.