Estate Disputes in NSW

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    Estate disputes can arise for a multitude of different reasons. If you believe that you’re being unfairly left out of a will, and/or believe the executor of the deceased person’s estate is acting improperly, the proper legal assistance can help you get the right outcome you’re looking for. At PK Simpson, our estate dispute lawyers in NSW have specialist knowledge and expertise to help in resolving even the most complex of cases.

    A few (but not all) of the potential situations that may lead to estate disputes include

    • The deceased person not being of full testamentary capacity to understand what instructions they were creating in the will at the time
    • Undue influence to the extent that the will doesn’t reflect the wishes of the deceased
    • The deceased leaving no will, resulting in the estate distributed by statutory provisions. Problems often arise as this does not truly reflect the individual circumstances of the deceased and the relevant heirs or claimants.

    It’s important to note there is also a time frame in which you can file for estate disputes. In New South Wales, this is 12 months after the deceased person passed away. Depending on your circumstances, estate disputes can take up to several months before being heard in NSW courts. This is why we always advise seeking professional legal action as soon as possible for a successful resolution.

    For estate disputes in NSW where you feel you’ve been wrongfully treated, speak to the legal experts at PK Simpson today. You can either call, fill in an online contact form with your details or visit us at our nearby firm in NSW for further estate dispute assistance and information for a quick settlement.

    PK Simpson has the brightest and most highly experienced lawyers to get your estate disputes resolved with the best outcome possible.

    We’ve handled countless successful contested will cases, involving a variety of unique situations, so call us today and take advantage of our no win no fee policy.

    Insurance Disputes

    Estate Dispute Lawyers in NSW

    PK Simpson is the best firm of lawyers you can turn to for expert legal advice resolving your estate dispute matters in NSW. The likelihood of success for your estate dispute depends on factors such as the size of the estate being disputed, the relationship between the claimant and the deceased, the financial and personal circumstances of the claimant, the individual circumstances of any other beneficiaries, as well as many more aspects.

    Our focus at PK Simpson, as your legal representatives and advocates, is to ensure you’re helped in preparing all the necessary documents and evidence to prove your rightful claim on the estate. As soon as you speak with our NSW estate dispute lawyers, you’ll be clearly guided and supported throughout the entire legal process, assuring you confidence as you near the final court hearing date and resolution of your case.

    In NSW, estate disputes have a 12-month time limit from the date of death. Don’t wait any longer and speak to our team today to find out how we can assist with resolving your estate litigation disputes and claims.

    Insurance Disputes
    Estate Disputes

    What is a Grant of Probate?

    A grant of Probate is a legal document authorising an executor to manage a deceased person’s estate according to their last will and testament. In NSW, the Supreme Court is the only one that has jurisdiction if the deceased left assets and property in this state.

    Each state’s Probate laws are administered differently. In NSW, the legislation is the Probate and Administration Act, 1898. The most recent amendments to this Act were made in July 2018.

    Can a will be contested after probate is granted?

    Yes, you can contest a will after probate has been granted. In NSW, probate is necessary before the Court will make a family provision order either by judgement or consent.

    If you’re seeking excellent, professional and clear legal advice for a successful outcome regarding your estate dispute case in NSW nearby, get in touch with our estate dispute lawyers at PK Simpson today. If you’re searching online for a lawyer ‘in my area’, ‘around me’ or ‘near me’, Call 1300 757 467 or fill out our online contact form with your details and we’ll get in touch with you right away.

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      Frequently Asked Questions

      Spouses and children are no longer the only ones who can contest a will in NSW. If they feel they haven’t been adequately provided for in the will, grandchildren, relatives, and friends may also be entitled to contest it under the Succession Act of 2006 in NSW. This includes de facto or same-sex partners, former spouses, and anyone living in a close personal relationship or who was partly pr wholly dependent on the deceased.

      In NSW, family provision claims are made under the Family Provision Act (Succession Amendment) 2008. If you are deemed an eligible person, the Courts have the power to determine your need under the Act by considering such things as your age, character and conduct before and after the will-maker’s death, your financial position, employment, health, education, property ownership, rental if you are a tenant, and housing needs etc.

      In general, 12 months is the time frame in which an executor must have completed the distribution of the estate. This is called the executor’s year, but the court may decide that there are valid reasons for the executor to need more time to distribute the estate.

      In NSW, there is a time limit of 12 months from the date of the will-maker’s death in which a person may contest or dispute the will.

      You may need to apply to the court for costs if the executors of a deceased estate can’t agree to pay your legal costs for contesting a will. However, if you are unsuccessful, the court may decide that you should be directed to pay the deceased estate’s costs as well as your own. But at PK Simpson, our no win no fee policy covers you.

      • A husband or wife of the deceased
      • A deceased’s de facto
      • A former husband or wife of the deceased
      • The deceased‘s grandchildren
      • Siblings, a son or daughter of the deceased’s
      • Anyone in a close personal relationship with the deceased
      • A member of the deceased’s household

      You may contest a will at any time after the death of the person up to 12 months from the date of death. If you are considering contesting a will, seek legal advice from PK Simpson lawyers today, rather than waiting until the time limit is nearing the end.

      Unless you want your challenge to be heard by a court, your lawyers may suggest an out of court settlement, which saves time and money. PK Simpson lawyers are experts at negotiating fair settlements for our disputed wills clients.