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If you believe you have been treated unfairly in a will, you may be able to claim that the will is invalid or that you should have been more adequately provided for under the unfair will.

This will depend on many factors, including the nature of your relationship with the deceased person, the deceased person’s state of mind at the time the will was created and whether any fraud or coercion was involved at the time of making the will.

If you feel that you have been unfairly treated in a will, don’t hesitate to reach out to Coutts. Our team of legal experts can help you navigate the complexities of challenging a will and determine if you have a valid claim. Contact us today to learn more.

If you believe that you were left out of a will unfairly, you may have the right to contest the will and be considered in the distribution of the estate.

You will be considered an eligible person to contest the will if you fit into one of the following categories:

• Husband or wife of the deceased person.
• De facto spouse of the deceased person (including same-sex couples).
• Biological or adopted child of the deceased person.
• Ex-husband or ex-wife of the deceased person.
• A person who was a member of the deceased person’s household or a grandchild of the deceased person who was dependent on the deceased person.
• A person who was living in a close personal relationship with the deceased person at the time of their death.

Often we find that a person who is estranged from the testator may be left out of a will because of the nature of their relationship. If you are an eligible person, the law in New South Wales allows you to contest an unfair will even if you didn’t have a close relationship with the testator before they died.

You should contact our estate law experts to discuss your case and determine the best course of action.

Unfair wills are a source of distress for many families. Unfair wills can occur when a will is written in a way that benefits some family members more than others, with no clear explanation as to why one party is favoured over the other. This can lead to family members feeling upset and taken advantage of, which can lead to arguments, hurt feelings, and even legal battles.

In some cases, an unfair will can be the result of an individual’s lack of knowledge about estate planning or the complexity of the law surrounding wills. This can lead to mistakes that favour one party over another, without the individual’s intention to do so.

If you believe the will has not left you with a fair distribution of the estate, you may have the right to contest the will and be considered for a larger share of the estate.

You will be considered an eligible person to contest the will if you fit into one of the following categories:

• Husband or wife of the deceased person.
• De facto spouse of the deceased person (including same-sex couples).
• Biological or adopted child of the deceased person.
• Ex-husband or ex-wife of the deceased person.
• A person who was a member of the deceased person’s household or a grandchild of the deceased person who was dependent on the deceased person.
• A person who was living in a close personal relationship with the deceased person at the time of their death.

If you are concerned about the fairness of a will, it is important to seek legal advice to ensure that all parties are treated fairly.

A Family Provision Claim (sometimes called challenging or contesting the will) is the name for the legal claim you make with the Supreme Court of New South Wales if you believe you have not been provided for in the will of a deceased person.

There are time limits for making a Family Provision Claim which differ in each state and territory in Australia. In New South Wales, you have a period of 12 months from the deceased person’s date of death to commence your legal claim. The Supreme Court may give an extension of time if you are able to show you had a good reason for the delay.

If you believe you have not been adequately provided for in the will of a deceased loved one, don’t wait to seek legal advice. Contact Coutts to discuss your options for making a Family Provision Claim. With our team of experienced legal professionals, we can help guide you through the process and ensure you receive the support and representation you need. Call us today to learn more.

Disputes about the validity of a will can arise in a number of circumstances such as:

• Where the will is made very close to the testator’s death.

• Where the is a doubt that the testator had the mental capacity at the time they made the will.

• Where there is suspicion that another person forced or coerced the testator to make the will.

• Where there is a suspicion that the will is fraudulent.

In New South Wales, you may challenge the validity of the will if you are named in the current or previous will of the deceased person, or would be entitled to the deceased person’s estate if they died without a will.

It is best to challenge the validity of a will before the Court make a grant of probate. You can do this by filing a probate caveat against the will and caution the Court to delay granting probate until the question of validity is addressed.

You may still challenge the validity of a will after probate and seek that the probate is revoked, though it is a more complex legal process.

If you have concerns about the validity of a will, don’t hesitate to contact Coutts for expert legal advice. Our experienced team can guide you through the process of challenging a will and help you understand your legal rights and options.

Call us today to schedule a consultation and learn more.

Estate claims or estate litigation is the process of commencing and ultimately resolving legal disputes between the executor of an estate and the beneficiaries or other interested parties.

Estate claims or estate litigation can involve a wide variety of issues such as the validity of a will, the distribution of estate assets, or the improper management of the estate by the executors.

Estate claims or litigation are often a complex and emotional exercise for all parties. It is often best for the parties involved to attempt to resolve their dispute outside of the Court by participating in mediation or settlement conference.

If you are facing estate litigation, it’s important to have experienced legal counsel on your side. At Coutts, our team of estate dispute resolution lawyers can provide you with expert guidance and support throughout the process.

Contact us today to schedule a consultation and learn more about how we can help.

Defending a will is a legal process in which someone challenges the validity of a will in court. The person who makes the challenge is known as the “contestant” and the person who wrote the will is known as the “testator.” In most cases, a person who is contesting a will believes that the testator was not of sound mind when the will was written, or that the will was forged or otherwise invalid.

Disputes with executors or administrators of the estate can arise when the executor or administrator fails to properly fulfil their duties in that position or abuses their power.

Some common disputes with executors or administrators include cases where an executor causes significant delays in administering the deceased estate, fails to properly distribute assets, mismanages the estate, or fails to provide accurate accountings to the beneficiaries.

Disputes with executors can also involve conflicts of interest, such as when an executor is also a beneficiary of the estate and only considers their own interest.

The Supreme Court of New South Wales has the power to review and make directions about the actions of an executor or administrator of the estate and in serious cases of carelessness, can hold the executor or administrator personally liable.

If you are a beneficiary of an estate and are experiencing disputes with the executor or administrator of the estate, it is important to take action to protect your rights. Contact Coutts Today!