Talk to our experienced estate litigation lawyers if you are considering challenging a will or contesting an estate.

Expertise

The law allows claims to be brought against an estate when the deceased has failed to properly provide for certain relatives in their will, or has failed to honour a promise to reward someone for services performed.

Challenging a will or contesting an estate is a complicated process and can seem overwhelming when dealing with the heightened emotions that are already present when a loved one passes.

We have significant experience advising clients in such circumstances regarding their options for bringing a claim. We also advise beneficiaries who are seeking advice on how to respond to a claim brought by someone else. In dealing with these situations, we provide pragmatic and sensible advice regarding the prospects of success.

Every case turns on its own particular facts, but in many instances we are able to successfully achieve a settlement either through written negotiations or at formal mediation. For those cases where Court proceedings are required, we regularly conduct estate litigation matters in both the Family Court and the High Court.

Family Protection Act 1955

The Family Protection Act allows certain family members (spouses, partners, children, grandchildren and parents) to claim against the estate of a family member who has failed to make adequate provision for their maintenance and support.

The Court considers whether, in the particular circumstances of the case, the deceased owed a moral duty to make adequate provision for their family member in their will, and if so, whether they breached their duty. If a breach is established, the Court will award only the claimant only the amount necessary to repair the breach and will not generally engage in a complete rewrite of the will.

Law Reform (Testamentary Promises) Act 1949

This legislation covers situations where a person performed work or provided services to someone who promised to reward them in their will for that work or those services but then failed to do so. The promise doesn't have to be recorded in writing—it can be express or implied. The Court can award a successful claimant a reasonable sum out of the estate.