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Contesting a Will & Family Provision Claims
If you believe a will is valid but have received no or minimal provision from the estate, you may be eligible to make a family provision claim. This is different from challenging a will, as you are not disputing its validity.
In Australia, you must be an eligible person to make a family provision claim. We can tell you whether you fit under a recognised category.
We understand it can be incredibly difficult and emotionally challenging when you have been under-recognised in the will or your loved one's estate has been distributed unfairly. Dormers Lawyers will approach your circumstance with compassion and understanding.
Defending a Will
If you are an executor or beneficiary of a will and have received notice that someone is contesting or challenging the will, we can help you defend it.
The will can be challenged for reasons such as lack of mental capacity, undue influence or forgery. Or the will can be contested by eligible persons who argue the will was distributed unfairly. Dormers will give you hands-on support and advice to overcome these challenges and provide you with the best defence possible, so you can move on with your life.
Letters of Administration
When a person dies without leaving a will (dies intestate), the estate's assets will be distributed in accordance with the laws of intestacy. We can help you make an application for Letters of Administration so that the deceased's assets can be released and distributed under your management.
Alternatively, if you are an executor of a will and intend to distribute the estate's assets, we can help you obtain a grant of Probate. Probate must be granted before you can legally distribute the estate to beneficiaries and pay any of the estate's liabilities.
If you are unsure where you stand, we can talk you through the process during your free initial enquiry.
Challenging a Will
If you have doubts about the validity of a will, we can help you challenge it.
Dormers Lawyers will help you determine whether there are grounds to challenge the will, including undue influence, fraud, forgery or whether the deceased person lacked capacity to make the will.
To be eligible to challenge a will you are either a beneficiary named in a previous or current will, or a person who would be entitled to the estate under intestacy laws. We can guide you if you think you may be eligible.
I was deeply offended when I discovered the contents of a family member's will. Dormers were able to negotiate a suitable outcome.