Estate disputes
If you have a dispute regarding an estate, there are laws in place that can help you.
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.
Could I make a claim?
Contact us“It was lovely to meet both Heather and Emma. I want to thank you for your advice and patience, I appreciated that enormously. My confidence has taken a huge beating over the past few years and these situations often cause much distress, but I left your office feeling at ease and surprisingly calm. ”
— Neonie
Frequently Asked Questions
In this regard the law differs around Australia. MEJ takes on family provision claims from ACT and NSW.
The law recognises that some people have a legitimate claim to a share of an estate even when a will fails to provide for them.
Under the Family Provision Act 1969 (ACT), for example, eligible persons who may bring a claim include partners, children, and dependants. The definition can also extend to people in domestic relationships with the deceased, including those who provided personal or financial support, and in some cases to stepchildren and other people who were part of the deceased’s household.
If you are unsure whether you qualify, please contact us. Eligibility is not always straightforward, and it is always worth seeking advice before assuming you have no claim.
A family provision claim is a claim seeking a share, or a greater share, of a deceased person’s estate, on the basis that the will has failed to make adequate provision for you.
The law recognises that people have moral obligations to provide for those closest to them, and that a will which ignores or inadequately addresses those obligations can be challenged. In considering a claim, the court will look at a range of factors including your financial circumstances, your relationship with the deceased, the size of the estate, and the competing needs of other beneficiaries.
Many family provision claims are resolved through negotiation or mediation, without the need for a court hearing. At MEJ, we will work with you to understand your position and pursue the outcome that fairly reflects your entitlement, as efficiently and sensitively as possible.
The time limit in the ACT is strict, and shorter than many people expect. A family provision claim must be filed with the Supreme Court within six months of the date that probate was granted. The court has discretion to extend this time limit but cannot allow an application after the estate has been distributed.
This means that once an estate has been fully distributed to beneficiaries, the opportunity to make a claim may be gone entirely. If you have concerns about a will, please do not wait. Contact us as soon as possible so we can protect your position before any deadlines pass.
Possibly, and it is worth seeking advice before assuming the answer is no.
Stepchildren do not automatically have the same legal standing as biological or adopted children when it comes to contesting a will. However, depending on your relationship with the deceased and your circumstances, you may still be eligible to bring a family provision claim, particularly if the deceased played a parental role in your life, or if you were financially dependent on them.
Every situation is different, and eligibility in these cases often turns on the specific facts of the relationship. At MEJ, we will listen carefully to your circumstances and give you an honest assessment of your prospects, so you can decide how to proceed with confidence.