Family provision claim
What is a family provision claim? Our legal system has long recognised a person’s freedom to make a will and dispose of property in any way the person sees fit.…
Will disputes: Family Provision claims explained
If you believe that you have not received adequate provision for your maintenance, education or advancement in life under the Will of a relative, spouse, former spouse or someone with…
How long do you have to contest a Will, and what is involved?
Certain people, known as 'eligible persons' can make a claim for provision from an estate if they are either left out or not adequately provided for. These claims are known as family provision…
Will disputes: Notional Estates
With the New South Wales Supreme Court having recently been charged with considering the adequacy of provision from the estate of the late Neville Wran (view the article), it is…
Can you disinherit an estranged child?
Are you entitled to disinherit a child who chooses to have no contact with you? It is an emotive issue, and one that many people have strong views about (on…
Is a former spouse entitled to contest a will? | A case study
Section 57(1)(d) of the Succession Act 2006 (NSW)[1] (‘the Act’) allows for a former spouse to make a family provision claim against an estate (in other words, contest a will).…
I’m a step-child. Can I contest my step-parents Will?
With divorce and separation common and resulting in second and even third marriages, many people find themselves part of blended families. Blended families include a couple as well as children…
Second marriages make for tricky wills
How can my will provide for my children from my first and second marriages? The number of people entering second marriages (or more) has been increasing over the last few…
Deliberate Exclusion from a Will
A common scenario occurring more than one may think is the deliberate exclusion of a child from a Will. This has come up recently where a daughter was left out…
Can a former spouse contest your will after you die?
So can a former spouse contest your will? You might be surprised by the answer and our client's fascinating High Court challenge. After the time, money and effort it can…