Estate Litigation & Family Provision Claims
A Will or Estate can be challenged for many reasons and a contest is the formal and legal objection to the validity of a person’s Will. Contests usually occur where there is the belief that; the Will is not legally binding, the Will has been tampered with, there is a more current Will outstanding, the Will is not an accurate reflection due to the deceased suffering from a mental issue or being duped or coerced.
If you have been left out of a Will or believe you have not been adequately provided for in a Will, we can help you. There are very strict timeframes when it comes to contesting a Will or Estate, so contact us immediately if you believe you have a case.
At Castrikum Adams Legal, we are experienced in acting for:
- People who have not been adequately provided for in a Will. Consider that not only have you lost a person close to you, but you have lost an entitlement to a gift of property or money. If you are an “eligible person” with a “financial need” who has not been adequately provided for in a Will, you can apply to the Supreme Court of NSW for money and/or property to be given to you out of the deceased estate, or notional estate. This is called a Family Provision Claim. This action must usually be commenced within 12 months from the date of the person’s death.
- People who have given something to the deceased person and have been promised something in return that is not contained in the Will.
- People who feel that the Will maker didn’t know what they were doing when they made the Will, and/or that someone has taken advantage of them. This is known as a lack of mental capacity, or undue influence. You probably need to challenge the Will, and we can assist with this.
- Executors of an estate who have received a claim from someone asserting that they are entitled to money or assets. They might also assert that you have been doing the wrong thing as the executor. We will help you to defend the will, and your actions as executor.
We can assist you lodge all the necessary documents on time, helping to resolve the dispute, minimising the stress, and representing you so that you have the best opportunity.