Dispute Lawyers
Adelaide’s most highly recommended contested estate and will dispute lawyers – read more
We have successfully resolved many complicated Inheritance Claims and Will Disputes in Adelaide and South Australia (often by negotiation without the need to go to Court). We can also help you to realise or defend entitlements in a Contested Estate – see our client Reviews. Call us to talk to an experienced Adelaide wills dispute lawyer about your inheritance matter on a no obligation and no cost basis.
Will Disputes, Inheritance Claims and Will Dispute Lawyers:
- Circumstances In Which You May Be Able To Challenge a Will or Make an Inheritance Claim;
- Will Disputes and Will Challenges;
- Inheritance Claims;
- Who Pays for Contested Estate Legal Costs?
Circumstances In Which You May Be Able To Challenge a Will or Make an Inheritance Claim
It is important to act quickly if you have been left out of a Will, there is some irregularity concerning the Will or if you feel that adequate provision has not been made. Strict time limits apply.
Will disputes, contested estates and inheritance claims will require a detailed examination of the deceased estate and the surrounding circumstances.
There are a number of circumstances in which you may be entitled to challenge a Will, or make a claim for greater provision from a deceased estate. You should seek advice immediately if:
- You were dependent on the deceased and you have not been provided for in their Will;
- The provision made for you in the Will is not adequate for your needs;
- You believe that the Will is unfair;
- You are named as Executor and the Will does not provide for a family member or spouse;
- You believe that the deceased was not of sound mind when they made their last Will;
- You believe that the deceased was unduly influenced by one or more beneficiaries named in the Will;
- The deceased passed away without a Will; or
- The Will is unclear.
Can I claim more than what I received under a Will? What are my inheritance rights?
Provided you comply with the time limits you can claim a larger amount than that left to you under the Will. Find out more
Will Disputes and Will Challenges
The validity of a Will can be challenged for various reasons, including the legal incapacity of the Will maker, undue influence by a family member or fraudulent circumstances such as invalid amendments to the Will or incorrect execution.
A common example of when Wills are challenged is when an elderly parent is taken along by a son or daughter to a lawyer for the purpose of making their Will, usually to give a greater benefit to that son or daughter. There have been circumstances where the parent cannot speak English well or at all, or is suffering from dementia. Where the Will maker has not had the opportunity to consider the terms of the Will, or did not understand or approve its contents, then the Will may be invalid.
Inheritance Claims
An inheritance claim may be made against an estate by a person who feels that they have not been adequately provided for.
Only close relatives are entitled to make such claims. Generally spouses (including former spouses and domestic partners), children and grandchildren have a right to make a claim. Step-children can make a claim if they were dependent upon the Will maker immediately before their death, or were entitled to be maintained by them. Parents and siblings of the Will maker can make a claim if they cared for or contributed to the maintenance of the Will maker during their lifetime.
Financial Services Dispute Cases
- Financial advice disputes
- Commonwealth Bank Open Advice Review program
- Macquarie private wealth
- NAB financial advice
- Big Banks pushing in-house products
- Combined Insurance sickness and accident policies
- Responsible lending disputes
- Westpac lending practices
- NAB lending misconduct
- Future of financial advice reforms
Christopher Brown
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Lora Spielberg
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Jessie Olive
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Pam Lipton
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