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Have you been left out of a Will? If you feel like you have been unfairly provided for in a Will, there are avenues to seek to change this.
Understanding Contested Wills
A will may be contested in two primary ways:
- Challenging the validity of the will
- Bringing a family provision claim
A family provision claim is made under the Succession Act 2006 (NSW) where an eligible person argues that adequate provision was not made for their proper maintenance, education or advancement in life.
Eligible persons may include spouses, de facto partners, children and certain dependants.
Validity challenges may arise where there are concerns about testamentary capacity, undue influence, fraud or improper execution.
Family provision claims are generally filed in the Supreme Court of NSW. Strict time limits apply, usually within 12 months of the date of death.
When You Need a Wills & Estate Lawyer
Legal advice is important when:
- You believe you have been left without adequate provision
- You have been excluded from a will
- There are concerns about testamentary capacity
- You suspect undue influence
- You are defending a family provision claim
- An executor faces dispute
- The estate involves significant assets or trusts
Early advice assists in preserving limitation rights and evidence.
Our Legal Services in Contested Will Matters
We advise beneficiaries, executors and eligible persons in estate disputes, including:
- Family provision claims
- Will validity challenges
- Executor advice
- Mediation representation
- Supreme Court proceedings
- Settlement negotiations
We provide clear advice on eligibility, prospects and procedural requirements.
Our Approach to Will Disputes
We begin by reviewing the will, estate assets and the claimant’s circumstances. Eligibility under the Succession Act 2006 (NSW) is assessed at an early stage.
In family provision matters, we analyse financial need, relationship history and competing claims of other beneficiaries.
Where validity is challenged, evidence relating to testamentary capacity and surrounding circumstances is examined carefully.
Most contested will matters resolve through mediation. If proceedings are required, we prepare structured evidence and submissions in the Supreme Court.
Our approach is strategic and grounded in statutory principles.
Why Choose Maguire & McInerney
Maguire & McInerney advises on estate disputes involving complex family dynamics and significant assets. Our work is grounded in detailed knowledge of the Succession Act 2006 (NSW) and Supreme Court procedure. We provide clear advice on entitlement, evidentiary requirements and litigation strategy, supported by transparent fee arrangements.
If you are considering challenging a will or defending a claim, contact our team to obtain advice promptly to ensure compliance with statutory time limits.
Steps To Get Started
FAQs
Applying for Letters of Administration involves a legal process typically used to manage the estate of someone who has passed away without leaving a valid will (intestate). Letters of Administration is a document issued by the Supreme Court that grants authority to the administrator (the person appointed by the court) to manage and distribute the deceased person’s assets and liabilities. The process can vary by jurisdiction, so it’s important to consult the laws and regulations specific to your location.
As a general overview the steps involved are as follows:
1. Confirm Eligibility: Before applying for Letters of Administration, you need to ensure that you are eligible to be appointed as an administrator. In most cases, immediate family members (spouse, children, parents) are given priority. If no eligible family member is available, the court may appoint another suitable person.
2. Gather Necessary Documents: You will need to gather documents such as the death certificate of the deceased person, their identification documents, information about their assets and liabilities, information about the eligible beneficiaries entitled to the estate pursuant to the intestacy laws of your jurisdiction and any other relevant documents.
3. Apply to the Court: You will need to file a Summons and Affidavit with the appropriate court. This may involve filling out specific forms and providing information about the deceased person, their estate, and your relationship to them.
4. Pay Fees: There are usually filing fees associated with applying for Letters of Administration. The fees can vary based on your location and value of the estate.
5. Inventory and Valuation: As the administrator, you will need to create an inventory of the deceased person’s assets and liabilities. This includes valuing their properties, bank accounts, investments, debts, etc.
6. Issuance of Letters of Administration: If the court approves your application, they will issue Letters of Administration granting you the authority to manage the deceased person’s estate.
7. Settle Debts and Taxes: You will need to use the estate’s assets to pay off any outstanding debts and taxes owed by the deceased person.
8. Distribute the Estate: Following the settlement of debts and taxes, you will distribute the remaining assets to the rightful heirs or beneficiaries according to the laws of intestate succession in your jurisdiction.
It’s crucial to consult with a legal professional or an estate lawyer in your jurisdiction to get accurate and up-to-date information regarding the specific process for applying for Letters of Administration. Laws and procedures can vary widely, and it’s important to ensure that you are following the correct steps to manage the estate appropriately and legally.
The duration of the probate process in New South Wales (NSW), can vary significantly depending on various factors. Probate is the legal process of administering a deceased person’s estate, which includes validating the deceased’s will and distributing their assets according to the will’s instructions.
The time it takes for probate to be granted can depend on factors such as the complexity of the estate, the accuracy and completeness of the documentation provided, any disputes that may arise, and the workload of the local probate registry. On average, it could take anywhere from a few months to a year or more for probate to be granted in NSW.
It’s important to note that probate timelines can change over time due to factors such as changes in legal processes, court procedures, and administrative efficiencies. It’s recommended to consult with a legal professional or check the most up-to-date information from the Supreme Court of New South Wales or a reliable legal source for the latest information on probate timelines in NSW.
After probate is granted, the administration of the deceased person’s estate enters a new phase. Probate is the legal process by which a court validates a deceased person’s will and oversees the. distribution of their assets according to the terms of the will. Once probate is granted, here are the typical steps that follow:
1. Notification of Beneficiaries and Heirs: The executor is responsible for notifying beneficiaries and heirs.
2. Payment of Debts and Taxes: The estate’s debts and taxes, including any outstanding loans, bills, and taxes owed by the deceased person, must be paid using the assets from the estate. This might involve selling assets to cover the liabilities.
3. Distribution of Assets: Once debts, taxes, and other expenses have been settled, the remaining assets can be distributed to the beneficiaries named in the will. This distribution must align with the deceased person’s wishes outlined in the will.
If you’re involved in the probate process, it’s recommended to consult with legal professionals who specialise in estate law to ensure that you fulfil your duties and responsibilities correctly.
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