I’ve been left out of a Will, what do I do?
We have many clients who discover upon the death of a loved one that the inheritance they thought they were receiving is not what they expected.
Whilst a person is free to make a Will in any way they choose, the law provides remedies for those who have been excluded or receive only a token gift. This is what we call contesting a Will.
The law says that a person has a moral obligation to provide for particular people in their lives upon their death and if they fail to do so there are options available to you receive something or more from the estate.
Each state has a different set of rules about who can and cannot seek more from an estate and the timeframe in which they must do so.
It is important to act quickly so you don’t miss the opportunity to contest the Will of the deceased.
There are a variety of factors which determine what you may receive, including your financial position, your health needs, your contribution to the estate or the welfare of the deceased and the nature of your relationship with the deceased. The position of the people receiving the estate in the Will shall also be considered.
The most important thing to do if you have been left out of a Will is to seek legal advice. Contested Will and Estate Lawyers specialise in contesting Wills and offer a 30 minute free consultation to assess your claim.
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Our team is here to listen and provide expert guidance to you.
Services
Securing your rightful inheritance is our priority. Our experienced team offers a full range of legal services to help you achieve the best possible outcome.
Contested Wills
Let our experienced team navigate the complexities of contesting a Will for you. We provide comprehensive legal services, including gathering evidence and representing you in mediation and court to achieve the best possible outcome
Probate and Letters of Administration
A Grant of Probate (where there is a Will) or Letters of Administration (where there is no Will) is often the first step required to administer an estate. Our team can assist you step by step through the process
Estate Administration
It is often daunting being appointed an Executor or Administrator and not knowing where to start. Our team will walk you through the process in detail so you understand what needs to be done and help you to prioritise each matter to be addressed
Estate Planning, Wills and Appointing an Attorney and Guardian
Our estate planning service is more than just preparing a will. We consider your superannuation, life insurance, corporate structures and your succession plan for business arrangements. We specialise in rural intergenerational family rearrangements. Our extensive litigation experience enables us to advise you so that you can minimise the risk of your estate being contested
Elder Financial Abuse
Everyone deserves to be treated with respect and not be financially taken advantage of
Constructive Trust Claims
A Constructive Trust can arise where it can be shown that there was a mutual intention (or a ‘promise’) between you and another person, that you would have some interest in property and that you have relied upon this promise to your detriment.