Contesting A Will

Rayners Lawyers are experienced in contesting and defending Wills.

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Family Provision Claims Port Macquarie

A family provision claim is an application to the Supreme Court for a share, or a larger share, from the estate of a deceased person.

Plaintiff

If you do not feel that sufficient provision has been made for you in your loved ones’ Will, then you must file a family provision claim in the Supreme Court within 12 months of the deceased person’s date of death.

You can make a family provision claim if you:

are an 'eligible person',
have been left out of a will,
did not receive what you thought you were entitled to receive.

Persons who are eligible to make a family provision claim against a deceased person’s estate include:

surviving spouses (including de facto spouses)
children
former spouses
grandchildren who have been, at some point in time, wholly or partly dependent on the deceased person
persons who have been, at some point in time, wholly or partly dependent on the deceased person and a member of the same household as the deceased person
persons living in a “close personal relationship” with the deceased person at the time of their death

Defendant

If you are the executor of an estate and a claim for provision or further provision is made against that estate, you are obliged to defend the proceedings in order to uphold the terms of the deceased person’s Will and protect the interests of the beneficiaries.

This may mean that you proceed to Court, or it may mean that a settlement is negotiated. In order to minimise costs for our clients, we will work with you to reach a swift resolution of your case on a solicitor level before the Court’s are disturbed.

It is crucial that you obtain specialist legal advice as to your responsibilities when a family provision claim is made, or threatened, against the estate.

When can you contest a Will?

Rayners Lawyers are experienced in contesting and defending Wills. A Will can be contested in the following circumstances:

the will-maker lacked testamentary capacity at the time the Will was made;
the will-maker did not know of, or approve, the terms of the Will;
the Will document is fraudulent;
the will-maker was unduly influenced or pressured into making the Will;
the Will was not signed and witnessed properly
the will-maker revoked the Will (for example, by destroying their original Will or making a new Will).

Contact us if you need assistance with a Will dispute.

MARGOT BEACH AND SUSANNA WELLS

“We recently used the services of Rayners Lawyers in Oatley. From the beginning of the process we were extremely satisfied with the way in which our matter was both sensitively and professionally handled. Kirsty was both approachable and understanding in guiding us through the process.

She answered our many questions and gave sound advice where necessary, which increased our confidence in the decisions we made for our future. This has been a painless and satisfying experience for us both. Should we need a solicitor in the future we would have absolutely no hesitation in using Rayners Lawyers again. We will also be recommending this business to both family and friends without hesitation.”

Rayners Lawyers Specialising in complex wills and small business law

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