What is an estate dispute?

It is hard when someone close to us dies.

This time can be made even more challenging if you believe you have been treated unfairly or left out when it comes to inheritance and distribution of the deceased’s estate.

As the shape of modern families continues to evolve, disputes over wills and estates are increasingly common. Fortunately, there are laws in place to help you if you believe you have been treated unfairly.

The team at MEJ can guide you through the estate dispute process with sensitivity during this emotional time.

Family provision claims in Canberra ACT and NSW

The most common type of estate dispute is a family provision claim.

Under the Family Provision Act 1969 (ACT) and the Succession Act 2006 (NSW), eligible family members can apply to the court for provision, or adequate provision, from a deceased person’s estate, even if they were left out of the will or received less than they believe is fair.

Family provision claims recognise that certain people, particularly spouses, de facto partners, children, and sometimes other dependents, may have a legitimate claim on the estate for their proper maintenance, education, or advancement in life. If you believe you should have been provided for in a will, or that the provision made for you is inadequate, you may be eligible to make a family provision claim.

The claim process

Estate claims are complex and highly personal. No two cases are the same and have to be treated individually.

There are a number of reasons to challenge a will. From being left out entirely, through to beneficiaries receiving disproportionate amounts, undue influence on the deceased, breach of trust against an executor and many more.

This is why it is important to seek informed local experts who can help determine the best course of action to secure your rightful inheritance.